HomeMy WebLinkAboutMinutes - 19831003 57C
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
OCTOBER 3, 1983
The Orange County Board of Commissioners met in regular session on Monday,
October 3, 1983 at 7:30 P.M. in the Superior Courtroom of the Orange County
Courthouse, Hillsborough, Forth Carolina.
Commissioners Present; Richard E. Whitted, Chair, and Commissioners Ben
Lloyd, Shirley E. Marshall, Norman Walker and Don Willhoit.
A.
Commissioner Whitted added an executive session to deal with personnel
matters. Item D-1, Public Hearing Continuation should be listed under the E
r
Items - Board Decisions. Item E-14 was deleted from the agenda.
In response to Commissioner Willhoit's concern for the Planning Board
minutes, Marvin Collins, Planning Director noted that they were not complete.
B. AUUZ_N&F CQMM.ENTS
1. MATTERS ON THE PRTT3TF.B����j�
Mr. Ward Willard stated that he would like to speak relative to the Animal
Control Ordinance. Ms. Josephine Barbour stated that she would like to speak
relative to the Child Care Agency.
2. MATTERBNOT_OJL_'BB _2a1BJED AgENDA
Mr. Tom Weaver of the Orange County Rescue Squad presented a prize (a chain
saw) to Commissioner Lloyd.
Sheriff Lindy Pendergrass stated that the jail inspection report was a good
one and everything was in compliance with State guidelines; he noted the need
for replaced security doors and the replacement of juvenile cells.
E. T
1. FQ].1Q]d�lly�_�II n- to Manager's Aunust 16_. 1983 Affirmative
Action Report (see page of this book)
Commissioner Lloyd noted that it appears that basic concerns for
Affirmative Action are geared towards minorities and women, and he would like
to see some data relative to the handicapped and elderly.
Ms. Beverly Whitehead, Personnel Director stated that the proposal before
the Board was a recommendation to develop departmental goals. She noted that
the 1981 Affirmative Action Plan did not include either handicapped, elderly or
departmental goals, overall County goals for minorities and women were
established.
Commissioner Willhoit moved, seconded by Commissioner Marshall to amend the
number one recommendation, to read' develop departmental goals for all protected
classes. VOTE: Ayes, 5; Noes, 0.
E-2 Child_ Care a
Ae_„ ncv (see pages of this book)
Commissioner Whitted noted the need to consider the steps necessary to
establish a Department of Children's Services.
The County Manager stated that there are two sites available for the
housing of a department: a portion of the Grady Brown Building or the office
on King Street in Hillsborough which will be vacated by CETA in October.
Commissioner Whitted questioned our ability to provide appropriate service
delivery, should we locate a Department of Children's Services outside the
Human Services Complex.
Dr. Michael Sharp responded stating that an important element for success
in this new endeavor will be to establish identity in and of itself.
Commissioner Lloyd expressed some concern that clients of this agency would
nl •.7 r.. 1 1 l cs,el c of i nrnma mnA mi,oat i nn=A mhRrC . mnnAv fnr thi fi mnPnnv i C`
5'7
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coming from voicing reservations regarding Orange County taxpayers paying the
bill.
Dr. Sharp stated that in an effort to come up with additional funding,
Chancllor Fordham of UNC-CH has expressed a dollar figure privately and
suggested that funds would be available on an ongoing basis; Eric Munson of
Forth Carolina Memorial Hospital is working actively on trying to come up with
dollars. Based on fairly reliable information, if a Children's Council is
created, then the Council will be able to procure additional funding.
Mr. Rob Addelson stated that the Social Services Board has endorsed the
second model with substantial additions at an estimated cost of $5900.
Commissioner willhoit noted that the reason for having an independent
department is that it would have a greater chance of attracting private funds.
Commissioner Marshall stated that there will be a Children's Council which
would make recommendations to the Manager, and would negotiate with the
Hospital, the State, the University and other private groups.
In response to Commissioner Lloyd's concern, Dr. Janice Schopler, Chair of
the Social Services Board, noted that if the Children's Council is created, it
will be responsible for priority setting and initial fund raising efforts.
Commissioner Marshall spoke to the crisis at the University and the
Hospital in providing child care for their employees and the Task Force Report
recommendation is that by joining all needs together as well as all resources
we can better meet the needs of everybody.
Dr. Thomas Denton, a member of the Board of Social Services, voiced a
concern stating that if a separate agency is created there is no guarantee that
the Department of Social Services will agree to contract with this agency. He
noted that the Board of Social Services is responsible for $390,000 in federal
funds for day care; that this is a large part of the responsibility of the
Board of Social Services; he empathizes with the needs of the University and
the Hospital, but neither organization has approached the Board of Social
Services in any official capacity to discuss how they may add funding to the
Board's Day Care budget. He stated that in no way has the Department of Social
Services ever been an official part of the Task Force but stated he would
encourage the Board to give consideration to Model #2; the Board of
Commissioners should let the Social Services Board try and provide this
service.
Commissioner Marshall noted that when the Children's Task Force was
establised, both Mr. ward and Dr. Schopler were asked to serve. Air. Ward
refused and Dr. Schopler did not serve, she kept up to date on the progress of
the Task Force, made comments, and the Task Force responded to her comments.
Dr. Schopler represented the Social Service Board in her official capacity as
chair on the ad hoc committee.
Mr. ward stated that he was informed by Dr. Schopler that she could not
serve on the Task Force but that staff members should be appointed to serve.
The Board of Social Services appointed a staff member, but that member has not
been allowed to sit on the Task Force.
Commissioner Marshall moved, seconded by Commissioner Willhoit to create a
Children's Council to look into how we can create a department of Children's
Services within the legislation that is presently provided and applying for
funds designated by the General Assembly for the specific purpose of setting up
such agencies, as well as for looking for funds within the private sector.
VOTE: Ayes, 3; does, 2 (Commissioners Lloyd and Walker) .
578
3
Commissioner Walker questioned why create a separate Council, as opposed to
having the Social Service Board have the added responsibility.
Pis. Josephine Barbour stated that the purpose was to try and integrate
service. She noted that now it looks as if the Board is creating additional
Boards and additional people to go with what already exists.
E-3 Anim L- (see pages for a copy of this
ordinance)
In response to Commissioner Lloyd's concern for when a dog is considered
vicious, Attorney Gledhill stated that when an animal is off the owner's
premises and attacks when unprovoked, it is considered vicious.
In reference to Commissioner Lloyd's question regarding liability, Attorney
Gledhill noted that to the extent that someone is negligent or willful, or does
an intentional act which injures someone, then it probably is contrary to
public policy and is not enforceable. However, there are instances where the
act of the Animal Control Ordinance could be either negligent or willful, and
in that case it would have some application. One cannot be excused
legislatively from negligent or intentional acts.
Commissioner Lloyd questioned the term "canvass" in Section E-6. Attorney
Gledhill noted that this related to search of premises in an effort to control
rabies or other serious health problems; due process and other provisions
provide that no search can be made without a warrant.; questioned about the
meaning of Section VIII, Attorney Gledhill stated that this section relates to
any state law pertaining to the hunting of dogs and would not be affected by
the Ordinance.
Commissioner VThitted stated that this Ordinance allows an agent to have the
authority to take action when complaints are registered against animals and
is triggered by someone registering a complaint.
Attorney Gledhill also noted that there is authority in the Ordinance for
Animal Control. Officers to take action if the violation occurs in their
presence.
Mr. Ward noted that he had met with the Attorney General's office and the
Assistant District Attorney, .and it was agreed that this was a good Ordinance,
but they had some concerns which he described. The Ordinance should be spelled
out clearly, so that there is a common understanding of its provisions,
especially as it relates to hunting dogs.
Dr. Robert Greenberg reiterated the fact that the Ordinance protects the
rights of owners to have security dogs on the premises, even without restraint.
A display of vicious behavior by a security dog is not a violation of the
Ordinance. Similarly, the ordinance says that a hunter may use a hunting dog
off premises as long as that dog is not creating a nuisance or endangering
public health or safety. He noted that there is nothing that would define
responsible ownership of a hunting dog to include the right of that dog while
hunting, to be creating nuisances or endangering public health or safety.
Pis. Barbour asked that the Board consider defining hunting dogs, and
placing general statute citations in the Ordinance for reference; that in the
completed document the pages be numbered. She questioned if there will be
search warrants, or if a clerk will "canvass" neighborhoods. When you have
fifty acres or more, pinning a dog down seems rather restrictive.
Commissioner Willhoit moved, seconded by Commissioner Marshall to adopt the
Ordinance with the proposed changes as presented. VOTE: Ayes, 5; Noes, 0.
Commissioner Whitted moved, seconded by Commissioner Walker that the Animal
Control Ordinance be effective January 1, 1984. VOTE: Ayes, 5; Noes, 0.
57S
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E-4 Highway 70 (BnsinsssL.PQt;tion (see petition 01 in the Clerk's
permanent file)
Susan Smith of the Planning Department stated that the Highway Maintenance
Engineer, Mr. Mike Mills, makes the initial determination of what roads need to
be resurfaced in the County. Mr. Mills has compiled a list of primary,
secondary and urban roads by need, and has forwarded that list to authorities
in Greensboro for funding; the number one primary road priority is U.S. 70
C.R. "Booty" Laws of Eno Township noted that he had pictures and a petition
with 573 signatures naming "Highway 70 Business" east of Hillsborough is in
immediate need of attention; parts of the road are too narrow for school buses.
He suggested that the Board endorse the petition and send it to the Highway"
Commissioners.
Commissioner Walker moved, seconded by Commissioner Marshall to endorse the
petition to resurface the entire road and to request that immediate action be
taken to do spot repairs. VOTE: Ayes, 5; Noes, 0.
E-5 "-E=6 Commissioner Walker moved, seconded by
Commissioner Lloyd to appoint John Carrol and Neil Tapp as trustees to the New
Hope Fireman's Relief Fund. VOTE: Ayes, 5; Noes, 0.
E-6 TZX_efund_ Reaugst Kermit Lloyd made three requests for tax refunds:
1. D.L. Patterson Trust erroneously listed one car too many. The bill of
sale shows the car was sold in September, 1981 to a Pontiac dealer in
Greensboro. This resulted in a tax refund as follows:
County Tax $41.95
Chapel Hill School Dist. 9.78
Chapel Hill Fire Dist. 4.36
56.09
Commissioner Whitted moved, seconded by Commissioner Marshall to approve the
tax refund as recommended. VOTE: Ayes, 5; Noes, 0.
2. Mr. William E. Gaut - Error was made when the wrong house was listed to his
lot. The house next door was charged at $64,863 to Mr. Gaut, when his house
should have been worth $56,858. The difference for 1981 and 1982 is $124.74,
which includes the 5% valuation for household property as follows:
1982 19R 1 TOTAM
County tax $46.23 $43.55 $ 89.78
Chapel Hill School Dist. $12.27 $11.21 $ 23.48
So. Orange Fire Dist. $ 5.M 5 6 S-21-J5
TOTALS $64.38 $60.38 $124.74
Commissioner Lloyd moved, seconded by Commissioner Whitted to approve the
tax refund as recommended. VOTE: Ayes, 5; Noes, 0.
3. Albert G. and Esther Bivens moved a double wide mobile home onto a lot in
Hillsborough. Tt .was assumed by the appraiser that it was new in 1979, being
picked up for the first time in 1980 but was later found to be a 1974 model.
The refund of $143.62 is as follows:
8� 1981, 129-0. NAIL
County $27.67 $26.06 $83.58 $137.31
Orange Fire $ 1151 S 114 1-313-6
58C
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$29.18 $27.50 58'6.94 $143.62
Commissioner Walker moved, seconded by Commissioner Lloyd to approve the
tax refund as recommended. VOTE: Ayes, 5; Noes, 0.
E-7 ration Contra-c=
Commissioner Walker moved, seconded by Commissioner Lloyd to award the
three Housing Rehabilitation Contracts:
j2IZ�E � CONTRACTOR. �.ZD_�9�'�'
19 Lawndale Avenue Frank Griffin & Associates $6,700.00
21 Torain Street Samuel English $3,685.00
61 Hill Street Frank Griffin & Associates $4,225.00
VOTE: Ayes, 5; Noes, 0.
E-8 National Family sexuality ICjs. (see page for this resolution)
Commissioner Marshall moved, seconded by Commissioner Willhoit to approve
the resolution proclaiming October 5-11 as "National Family Sexuality Week".
VOTE: Ayes, 5; Noes, 0.
Added Item - Na 2Da 4-H Week
Commissioner Walker moved, seconded by Commissioner Harshall to approve the
proclamation for October 2-7 as "National 4-H Week". VOTE: Ayes, 5; Noes, 0.
E-10
Commissioner Marshall moved, seconded by Commissioner Willhoit to appoint
Gail McClain to the Commission for Women. VOTE:• Ayes, 5; Noes,O.
Commissioner Whitted moved, seconded by Commissioner Marshall to reappoint
Joe Rees and James Ray to the Orange County Board of Adjustments. VOTE: Ayes,
5; Noes, 0.
Commissioner Walker moved, seconded by Commissioner Lloyd to reappoint
John Kizer and David Shanklin to the Orange County Planning Board. VOTE: Ayes,
5; Noes, 0.
Commissioner Lloyd moved, seconded by Commissioner Walker to appoint
Tarlton Davis and Robert Murphy to the Hillsborough Planning Board. VOTE:
Ayes, 5; Noes, 0.
Commissioner Marshall moved, seconded by Commissioner Lloyd to appoint Dot
Carey, Leon Waters and Tommy Leonard to the ad hoc School Capital Task Force.
VOTE: Ayes, 5; Noes, 0.
Commissioner Willhoit moved, seconded by Commissioner to appoint Prichard
Sharpless as Chair to the ad hoc School Capital Task Force. VOTE: Ayes, 5;
Noes, 0.
D-1 PI ne Development
(see pages of this book)
Commissioner Lloyd moved, seconded by Commissioner Walker to approve the
Planning Board recommendations for the requested rezoning and Special use
Permit. VOTE: Ayes, 5; Noes, 0.
E-11 Pub-lic- PjP r�rig�-� JI�r?�ion,- -..ZaMpa Rae Frs'e1 Ltd_ �Il]d Tige _Plan
Amendment
The request is to approve amendment to the Land Use Plan from Rural
Residential to Ten Year Transition for 3.01 acres in the Hillsborough Township
submitted by James Rae Freeland.
A Joppa Oaks resident noted that the fire hydrants in this area are not
adequate. She stated that there is not enough water pressure for the hydrants;
that the Town of Hillsborough has informed her that the pipes in her area are
5 a
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adequate, and now they are being tapped into by another community. Because
residents of the proposed development will have to use the triangle section for
access, there is a need for approximately twelve driveways in this area which
is already over- populated and overutilized.
Marvin Collins, Planning Director stated that at the Planning Board meeting
it was established that the water pressure will not be affected by additional
tap-ons; going from a four inch water line pipe in Joppa Oaks to a six inch
pipe across the street, will not cause a drop in the pressure according to
Engineer John McAdams. Mr. Collins stated that-he had spoken with people from
the State, Mr. Freeland and his engineer, and Mr. Rosen from the Town of
Hillsborough, and they have come up with Plans for the existing water lines and
these have been submitted to the State for approval.
Commissioner Marshall stated her intention to vote against the motion as
she had just received the Planning Board minutes and was not clear about the
context of Planning Board objections.
Commissioner Lloyd moved, seconded by Commissioner -Talker to accept the
plan amendment. VOTE: Ayes, 4; Noes, 1 (Commissioner Marshall) .
E--12 pUla iC Hgarinc - Continu Rae raalmnd- __1���5?311D�
Request
Commissioner 17hitted noted that the request is for R-4 zoning. The
Planning Board recommends R-2 zoning and the Planning Staff recommends R-4.
The long range plan is to upgrade the existing water system throughout the new
development, as well as to increase the water pressure in Joppa Oaks.
A Joppa Oaks resident presented a petition of residents of Joppa Oaks
opposed to the R-4 plan.
Ms. Page noted that at the last Town Board meeting of Hillsborough there
was a moratorium placed on extension of tap-ons to existing water lines until
the issue was cleared with the State.
Commissioner Whitted noted that he was in favor of a motion to approve the
recommendation from the Planning Staff for the R-4 rezoning, and that the
Board's concern is not to create additional problems for Joppa Oaks.
Commissioner Walker moved, seconded by Commissioner Lloyd to approve the
rezoning request. VOTE: Ayes, 4; Noes, 1 (Commissioner Marshall) .
E-13 Rum -Woods Subdivisistl-=-P-r (See Map #1 in Clerk's
permanent file) .
The Planning Board recommended approval of the preliminary plan for Ruth"
Woods Subdivision subject to the following conditions:
(1) that property lines follow site distance lines when they tie into NC 86..
(2) clarification be made on the plat of the location of the southern lot line
of Lot 1 relative to the easement shown on the Tax Map as part of Lot 1.
Commisioner Lloyd moved, seconded by Commissioner Willhoit to accept the .
recommendations set forth by the Planning Board. VOTE: Ayes, 5; Noes, 0.
E-15 Birnam Woods -_ Prelilt:,jD ry &ibIJ jy_i,sjipn�_Plat. (see page of this
book.
In an effort seeking approval of the preliminary plat for Birnam Woods
Subdivision, property of A.A. Willette, Jr. , the Planning Board recommends
approval subject to the following conditions:
(1) further subdivision of the property will require a public road constructed
for NC DOT standards.
(2) that the calculated maximum impervious surface requirements be noted on the
plat.
Commissioner Willhoit moved, seconded by Commissioner Lloyd to accept the
reommendations set forth by the Planning Board. VOTE: Ayes, 5; does, 0.
7
E-16 Day_NeadQws—z_-preliminary subdivision Pisd (see page of this
book)
The Planning Board recommends approval of the preliminary plat for the Bay
Meadows property of Joseph J. and Diana A. Falcone subject to the following:
(1) renumber lots seven and eight to lots five and six.
(2) right-of-way be shown for the turn-around on the plat.
Commissioner Walker moved, seconded by Commissioner Lloyd to approve the
recommendations from the Planning Board subject to the stated conditions.
VOTE: Ayes, 5; Noes, 0.
E-17 Lynwood Acres sections Preliminary Plat. (see pages of this
book)
The Planning Board recommended approval of the preliminary plat for Lynwood
Acres 11, property of Neil G. Beard and Lue Simopoulos-Beard, with the
condition that the calculated maximum impervious surface requirements be noted
on the plat.
Commissioner Marshall moved, seconded by Commissioner Lloyd to approve the
Planning Board recommendations. VOTE: Ayes, 5; Noes, 0.
E-18 - Ergliminary Plat (see pages of this
book)
The Planning Board recommended approval of the preliminary plat for Reddy
Woods, property of James Collins, subject to the following conditions:
(1) note on plat that Lots 2-10 have access only from Stedfast Road.
(2) lot 1 (one) has access from SR 1131.
Commissioner Lloyd moved, seconded by Commissioner Walker to approve the
Planning Board's recommendations. VOTE: Ayes, 5; Noes, 0.
E-19 Lawreng9 S ey-Subdiylgi�n_-_p liminaxp Plat . (see page of
this book)
Commissioner Lloyd moved, seconded by Commissioner Whitted to approve the
preliminary plan for Lawrence Summey Subdivision. VOTE: Ayes, 5; Noes, 0.
E-20 leas (see page
for this Ordinance)
Ms. Susan Smith stated that the Carrboro Water Task Force had approved and
recommended changes to the Orange County Sedimentation and Erosion Control
Ordinance for application to the University Lake watershed and proceeded to
highlight the significant changes.
Ms. Smith noted that the Carrboro Task Force is creating some
administrative difficulties that have not been resolved in any discussions with
the Town of Carrboro. These issues relate to:
typical zoning requirements in terms of enforcing buffers, toxic wastes
standards, etc., and
specification of techniques under Section 11 - Access and Haul Roads - the
provision specifies a technique, a detail not employed elsewhere in the Orange
Conty Sedimentation and Erosion Ordinance.
The Ordinance should set objectives leaving it up to the developer and the
approval of the administrator to establish a technique to meet the objective.
Ms. Smith noted (relative to Item 1, page 105) that because so many
jurisdictions are involved, it is best to have a uniform standard which could
best be applied to all three watersheds rather than point out one watershed for
protection under a county-wide Ordinance. She stated that there is a need to
set out administrative procedures early rather than wait until the Ordinance is
adopted.
8
Taylor Currin, North Carolina Department of Natural Resources and Community
Development, the person who will review the Ordinance provisions and .make a
recommendation to the N.C. Soil and Water Commission, indicated that the
proposed changes to the Ordinance are confusing_ and difficult to interpret for
approval because of references made to specific areas; if different areas have
different requirements, he suggests establishing separate Ordinances;
stormwater management requirements are difficult to enforce, requiring more
time and staff. Mr. Currin recommended that the Board not approve the
Ordinance changes as written.
Ms. Smith stated that the Planning Department is encouraging the Board to
send the Ordinance back to staff for review and a statement of concerns, then
to the State Commission for approval when revised, and finally resubmitting the
Ordinance to the Board for approval.
Commissioner Willhoit noted that the staff should go through the Ordinance
and address all of the concerns of Carrboro and make some decisions relative to
what can be more appropriately applied under the Zoning Ordinance and bring it
back to the Board with a proposal for recommended changes.
E-21 ,79r�13A_.7. ke�lif114A ,S,ystem
The Board is considering recommendations to NRCD Secretary Grimsley's
Jordan Lake initiative conveying the concern for health implications relative
to the use of the Jordan Lake as a drinking water supply.
Commissioner Whitted noted that the Task Force is meeting Friday, October
7, 1983.
Commissioner Willhoit noted that there is a need for water quality
measures. He added to the information on the abstract an outline of
distinctions in water quality classification and that this information on the
agenda should be in addition to the statement already endorsed by the Board.
Commissioner Willhoit moved, seconded by Commissioner Walker to approve the
recommendations made to NP.CD Secretary Grimsley. VOTE: Ayes, 5; Noes, 0.
Commissioner Whitted announced that Governor Hunt had listed Orange County
as a diaster area, thus making interest loans available to the farmers.
Commissioner Whitted moved, seconded by Commissioner Willhoit to go into
executive session to discuss a personnel matter.
Richard E. Whitted, Chair
Beverly A. Blythe, Clerk
APPROVED 2/6/84
BOARD OF COMMISSIONERS ACTION AGENi6$4
ACTION- AGENDA ITEM ABS`RACP ITEM NO.. -
MEETING OATE;• 0ctober~,3jj 1.,9$3- 026
SUBJECT Follow-up Information to !tanager's August 16,, 1983" Affirmative Action Report
DEPARTMENT: County"Manager PUBLIC HEARING: YES- X NO
ATTACHMENT(S) INFOR,MATION..CONTACT: County Manager's. :XS01
:
I Office
1. Percent Increase by Category PHONE NUMBERS: HILLSBOROUGH a 732-81x1
of Employee Chart HILLSBOROUGH 732-9361
L. HILL - 967-9251
2, Distribution of Employees by CHAPE
Salary Grade MEBANE - 227-2031
{
i DURHAM - 688-7331
i
PURPOSE: To. respond to questions of the Board. regarding analysis of employment salaries.
The Report sets forth the steps taken by the Board since 1976 to ensure that
the-County's personnel actions are based on the principle of merit.
Board interest was in seeing an employment breakdown of race and sex by
salary grade assigned. Attached are two summaries. One -is the trend from
when data were first gathered in July 1,. 1976 to August 31, 1983. The second
is a sub part showing the data from approval of the 1981 Affirmative Action
Plan (February, 1981) to August 31, 1981,
Breakdown for protected classes is as follows:
1976-1983 Percents es of Increases/Decreases
Total Tota
Overall Non-Minority MinorLty Male Females
i Plon-Supervisory (Grade 49-61) 90.6 46.3 184.0 132,0 58.3
Middle Management (Grade 62-71) 138.2 105.9 550.17 100.0 187.5
Upper Management (Grade 72-87) 257.1 200.0 400.0 250.0 300.0
1981»1983 Percentages of Increases/Decreases
- Total Total
Overall Non-Minorit Minority Male Females
Non-Supervisory (Grade 49-61) 0.66 -2.9 6.0 5.4 -2.1
Middle Management (Grade 62-71) -10.0, 7.1 23.8 9.7 9:5
Upper Management (Grade 72-87) 19.0 10.5 100..0 40,0 -33.3
The 1976 to 1983 figures taken as a trend show significant progress in roving
toward a workforce that reflects a balance of protected classes of employees.
Period from 1981 to 1983 reflects, further gain in minority hiring but a decline
in females at the non-supervisory and upper management levels. To view the
last two years,as indicative of a general trend would refute the progress
reflected in dates for the longer period, As. opportunities for hiring and
»romotion became available, any declines in protected category .can be
taken into accounts This is the essence of affirmative action to balance
employee class representation without sacrificing quality of work force.
RkOMMENOATION(S):
Authorize follow-up on the recommendations included in the Progress Report of
the Manager of August 16, 1983, -and stated in the Commission for Women's
April, 1983 Affirmative Action. Report, which are:
I.' departmental goals:
2. Provide training to supervisors with regard to affirmative action.
3. Evaluate the EEO/AA achievements of all management and supervisory
personnel as part of his/her overall job performance..
4. Continue to improve the recruitment and selection process. Validate
testinry ,truments annually.
5. dolish and keep active an applicant pool of minority and female
candidates for selection referral. The applicant pool will greatly
., assist departments in which there is an under-representation of
minorities and/or women.
6. Implement routine, periodic reporting. procedures to include an annu:l
report to the Commissioners -as specified by the 1981 Affirmative Action P'
"7- Publish for public-,distribution an annual..-report of our progress b j
-June 30th-of each year. ;i
CM
O
PERCENT INCREASE bx CATEGORY OF EMPLOYEE
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7
BY WE BY SEX K%LES 1"EFNLES
TOTAL NOR-HINOR1TY 111110RI#1f 14ALE FEEw 41/14 M/M 4W/F 14/F
'76 '83 % '76 '83 '74 193 16 A '76 '83 %A 076 '63 %A '76 '83 � '76 '83 % '76 '83 % 076 '83
N-S 65 153 90.6 61 98 46.3 10 53 194.0 25 50 132 60 95 50.3 19 36 89.5 6 22 266.7 48 62 29.2 12 33 1
MH 55 131 136.2 51 145 105.9 4 26 550.0 31 62 100.0 24 69 107.5 26 50 78.6 3 12 300.0 23 55 139.1 1 14 131
.th 7 25 259.1 7 21 200.0 U 4 400.9 6 21 250.0 1 4 300.0 6 19 216.7 0 2 2130.0 1 2 100.0 0 2 21
TOTAL 141 309 110.2 125 224 19.2 22 05 286.4 62 141 121.4 05 168 97.6 53 -105 944 9 36 300.0 72 119 65.3 13 49 2'.
PENCE1IT.1l1CREASE BY U(TEGOIlY OF EMPLOYEE
1981-83
N-S 152 153 .66 102 98 (2.0) 5O 53 6.0 55 50 5.4 91 95 (-2.1) 36 26 [91.8] 19 22 15.8 66 62 (6.1) 31 33
MM 119 131 10.1 98 105 1.1 21 26 23.0 56 62 9:1 0 . 69 03 46 50 (6.7) lO.. It 20.0 52 55 5.8 11 14 2
09 21 25 19.0 19 21 10.5 2 4 100.0 15 2t 40.0 6 4 OJ.3) 14 19 35.) 1 2 100.0 5 2 (57.0) 1 2 10
TOTAL 292 309 5.8 219 224 2.3 73 Ot V4 126 141 1149 166 166 1.2 96 105 9.4 30 36 20.0 123 114 0 2) 43 49 1
CObFS'.
N-S - Non-Supeevitory (oftic# cleric4li t6tvice ma4ntenanedi protective 0"10S) s
14H = Middle Managemeht (peraptofessienal{ professional, technician§) �
UM Q Upper Managenjent (Department and 04191an !leads)
W/li ° 'Whitt Male
v/F n White Female '
M/M Mlnorlty Male
M/r - Minority Female
A=I'ercenk Change
SALARY GRADE A'V'ERAGE TOTAL• 517MMARY *••
SALARY• EMPLOYEES BY RACE BY SEC MALES FEMALES
NON-MINoRiTy MINORITY MALE FEMALE W/M M/M W/E' M/F
Unclassified. 7,368 8. 5 3 3 S 2 1 3 2
. 49
50
52
i
53 8,429 4 4 T• 3 1 3
( 54 11,074 5 5 5 5
l i 55 9,997 8 . 8 3• 5 3 5
56 10,417 24 20' 4 24 , 2M 4
57 8,57a 3 1 2
SR _ 12,367 ! 3' 2- 1 1 ( 2 1 2
-59 .:11-,691 33- 22 11 12 2T- • •8 4 14 7
6a 12,5U2 22 14 • 5 7 15 3 4 11 4
61 13,069 43!' 30," •13' 30 13 • 22 8 8 S
62•- 14,592 31 22 9 17 14 13 4 9 5
63 = 15,273 17 •15 2 12 5 11 t'. 4 1
64 16,338 3 3 1 2 1 2
65 15,969 6 5 1' T 5 T 4 l
66 - 16,180 30 24 6 11 19 8 3• 16 3
67 16,726. 17 :1'T 6 6 11 4 2 1 7 4
68 20,331 9 8 1 6 3 5 T 3
69• 19,098. $ • 7 1 3 5 2 1 5
70 19,883 2 2 1 1 1 1
71 20,569 8•: . ' 4 4 4
72 . 22,725 4 3 1 4' 3 1
73 •22,345 5 —2 3 2 3 1 1 1 2
74 25,973 3 3 3 3
75 26,918 3 3 3 3
76 27,330 2 2 1 1 1 1
77 29,925 1 1 1 1
78 35,767 3 3 3' 3
79 ' 28,565 •1 1 T 1
80 33,781 2 2 2 2
87 43,836 1 1 1 1
xaTALS F� `" 7 2'7, 92s71,
309 224 85 141 168 .105 36 11: 9�
*� Ate•' � �a. .
CODES: '►�
w/M - White Male
W/>r — white Female 3Z5
M/M - Minority Male �Os •
M/F - Minority Female
: .�VrA-
-C .l.S_ - - - - °'.7..'''•Fen -
...t...�•T"t�� ,.�+}'.w. � °r�ia:E.`iCC.w. ��'.. 1"a ?4= S': )i-�� _.s�:_•,• ::5•�:'.. �`;^'-+
NO
•n.:'m`Y::._. {y
I ..,fir`-_ -• .: - -
1' - 1981
j - SUMMARY **}
SALARY GRADE AVERAGE TOTAL.f
SALARY EMPLOYEES BY 'RACE BY SEX MALES FEMALES
NON-MINORITY MINORITY MALE FEMALE W/M �1/M W� M/�'
I I Unclassified 7,218 7 4 3 3 4 1 2 2
50
52 9,204 1' 1 1 T
53 7,958 5 5 1 4 1 4
j 54 9,699 S. 5 5. 5
I .
55 9,86'3 9 2 2 4 3
56 ` 9,328 3n- 26 10' S 31 t 41 25-. ' 6
2 2• ' 2.1 i
• SK 11,552 4' 7 l 4 3
59 10,674 ' 22 ' ' i6' -d` 4 18 4 12 .
i
60 •11,563 25 20 ' S 5 20 5 75 5
61 11,784• 32/ I 24: 8 : 22 10 14 5 7 3
62 13,652 21. 19 4 1'5 8 -13 21 6 2
63 12,723 IT •14 3 8 9 7 11 7 2
64 : 14,433 T 6 1 2 5 Z 4 1
65 14,061 14 11 3 5 4 4 1 7 2
66 14,785 29 23 6 10 •19 6 4 17 2
67 10623 8' 6 2 4 4' 4 2 2
68` 18,176 1T-- T1- 5 6 5 6
69 16,036 -3 2 T 2 T 1 1 1
1 70 17,644 3 3 2' 1 2 1
! �• . . . T 3 1 • 2 1 1
71 17,622 4.1 3
72 20,460 •3 2 T 2• 1 1 1 1
73 20,484• 3 • : . .2 . T' T 2 1'
74 23,022 4 4 4 4
75 -24,168 2 2 T 1 T 1
76 25,908
77 27,132
78 29,178-• 4 4 3 1 3 T
79 29,796 1 ' 1 1 1
1 80 .31,284 1 1 1 1
87 41,676 1
TOTALS 292. 219 73 126 166 96 30 123 42
f i#
CODES:
White Male
TT/F - White pan-1e -
I� Mir - Minority Hale
•:/F Minority Female
- - - _ ���..+.:�'�':•ti°- �ie.:a•'- _ _ - __ _ .fir: v.�r•,:�.- .
7 41.yam y` c„ N gtz- � s. Jo.. �
YEAR: MAC 1976 � •
SALARY G12ADS AVERAGE TOTAL'
SALARY F1�3PY.1'YEES BY RACE SY SEX MArgar FFJKAT.rS
_ NON-MINORITY MINOR2TX �E �E W/M M/M W/F M/F
i g 1 3 3 3 2 1
i unclassified 5,22Z 6-
J49 5,040 3 3 3
- _ 2 2 Z
50 6,168 2
52' 5 r784: 2. 1 1 2 1 1
53 5,331 11 8 '3 11 8 3
' 54
i 55 ..-X6,436. 4 4" 4 4 I
�� " a.a�7 17
13. 1 15 1 13 3
5' 7,?52
3 9 3
60 8.450 6.. 4. 2 6 4 2
6T 8.378 16 �N14 2 13 3 "11 '2 3
62 10,504 9 6 . 3 g 6 3
63 9,912, 13 "12 1 8 5 8 4 1
64 9,454 8 8 8 8
66-- . 10,775 •17 1T 31 14 3 14
67 11',892
69 '13.264; 5 5 1 4 1 4
69
70 13,146 2 2
71 "
72 14,052
. 73 ,
74 18,888 1 1 1 1
75 17,052 1 1 1 1
76 15,624 . 1 1 1 1 1
77
78
79 '
So 18,408 2 2 2 2
87 22,836 '' 1 7 1 1
TOTALS 147 125 22 62 8S 53 9 72 7
CODES=
W/1S - White Male
w1r - White Female
M/Ni • Minority Male
P.Iut;+�:�+� ?roard (C'ouf'irr I e.e1 .e:•�;
PROGRESS REPORT CHEERS TOWNSHIP LAND USE & ZONI14G PLANS {CONPIN[kD) Commissioners Artisan]
L,
Wat_rshed Cheeks Cheeks • Economic Development
Water/Sewer Protection Land Use Plan Zoning Plan Commission Comments
5-23-83
Staff continues
TJCOG representatives
work initiated in
discuss watershed
protection measures late winter/early
spring.
6-21-83 - blidway Airport
Efland Estates sewer - Harlon Young
line extension - Freeland proposals
discussed - Private ;icaad
StarAards update
6-27-83
Continuation of
Efland Estates sewer
line extension dis-
cussion
7-5-83 7-5-83
w/S feasibility Reservoir feasibility
report awarded to report awarded to John
John McAdams Co. McAdams Co.
7-1.1-83 7-11-83 7-11-83
David Moreau of UNG continues discussion of Discusses relationship
makes presentation industrial development between PIanning Board and
concerning watershed overlay district. Staff Economic Development
management practices presents industrial sites commission
selection criteria.
8-1-83 . 8-1-83
WS feasibility report Chairman Whitted
contract approved. presents information
Efland Estates sewer regarding Neuse-
line extension Jordan proposals
discussed. by i4CNRCD and TJCOG
position . Reservoir
feasibility report
contract approved.
8-15-83 s-15-B3
Efland Estates sewer staff presents report
line extension dis- on stormwater manage-
cussed. Report re- ment practices for
quested on status of small residential lots
Cheeks Township
Fcn:ng. :f
ORANGE COUNTY b 8 4
BOARD OF COMMISSIONERS ACTION AGENDA
ACTION AGENDA ITEM ABSTRACT ITEM NO. E-2
r MEETING DATE' 031
r
SUBJECT: Department of Children's Services
DEPARTMENT: County Manager PUBLIC HEARING: YES X NO
ATTACHMENT(S): INFORMATION CONTACT:County 500 Manager's Office
-
PHONE- NUMBERS: HILLSBOROUGH - 732-8181
Yes HILLSBOROUGH - 732-9361
i CHAPEL HILL - 967-9251
MEBANE - 227-2031
i DURHAM - 688-7331
PURPOSE: To consider what steps would be necessary to establish a Department of Children's
Services.
NEED: Most -of the Board's comments at the September 20 meeting showed a preference
for creating a new county department (Model 43), independent of the Department
of Social Services, to deliver enhanced children's services. Two questions were
posed to be answered at this meeting. First, where would_.the agency be housed?
5e_corrdly, who would provide the approximately $36,500 in additional funds necessary
to support the new department?
Location and Space
Existing staff consisting of three positions (k supervisor, 1k social workers,
and 1 coordinator) occupy three offices at Grady Brown (376 sq. ft.) and share
half an office, half time, at Northside (80 sq. ft.). In addition, two additional
offices at ( 220 sq.ft.) Grady Brown are used for storage purposes.
Space options
1. Continue to lodge the department in the existing three offices in
Grady Brown and the office- in Northside that is used for eligibility
determination. At such time as the two additional positions are
provided for enhancement further assignment. of spaces will be nec-
essary. The possibility of enclosing part of the 12 foot hallway is
being explored. To provide space in "the DSS area falls short of Great-
i ing a separate identity through Space assignment, a point raised in
the Child Care Report of the HSAC.
2. Have the Department of Children's. Services occupy the office on East
King Street in Hillsborough which will be vacated by CETA in October.
One thousand square feet are available. .
Non-Count Cost Support
An additional $36,500 is the estimate for the Department to function with addition-
al stiff. This figure would be greater if space has to be rented apart from what is
now occupied at Grady Brown and Northside. Dr. Michael Sharp will report at the meeti
on his progress to secure letters of comittment for the estimated additional funds
required.
Further steps having to do with implementation include:
Enabling Ordinance
A draft ordinance patterned after the creation of the Department on Aging is at-
tached for consideration. The County Attorney is still researching the ordinance
and possible contract provisions that would apply between OSS and the new county
department.
Timetable
Two views v`zt on timing and sequencing. One is to create the department, appoint
the :_:.• Jry board and possibly hire a director in January to prepare for full oper-
II _rron-of the department on July.1, 1984. Advisory Board activity between this Fall
and- Jrrly #(mold Include advocacy for the department's acceptance, solicitation of
funding and the establishment of short and long range goals for the department.
Another view is that establishment of the agency and appointment of the Board
members be postponed until start-up- can coincide with the new budget year of July 1,
1984. This would avoid problems with cost of space prorations, account separation,
budget._amendments, indirect cost plans and audits. _
An` interim.task`i o.r-ce.touad. work out the necessary�.contracts with DSS'and others.,
032
secure commitment of funds and do other steps necessary for implementation.
Commitments for operating funds from non-county sources should be for at
least three years to give the agency continuity of operation.
' 591
033
AN ORDINANCE AND RESOLUTION TO ESTABLISH
I THE ORANGE COUNTY DEPARTMENT OF CHILDREN'S SERVICES
I AND TO CREATE THE ORANGE COUNTY
CHILDREN'S COUNCIL
I -
WHEREAS, Orange County deems it appropriate to meet the special needs
of families with young children by establishing an Orange County Department
of Children's Services and creating a Children's Council in order to coordi-
nate., develop and improve child care delivery and parent education and-support
services to Orange County's young children and their families; IT IS NOW
THEREFORE ordained and resolved by the Board of County Commissioners of Orange
County, North Carolina as follows:
ARTICLE I'. CHILDREN'S COUNCIL
SECTION I. CREATION, NAME, COMPOSITION OF THE COUNCIL.
There is hereby created an Orange County Children's Council composed
of nine citizens of Orange County. Each member of the Council shall be a
County resident appointed by the Orange County Board of Commissioners. The
Children's Council shall include:
A representative of the University of North Carolina at Chapel Hill,
a representative of North Carolina Memorial Hospital, an early child-
hood professional, a representative of industry, .a consumer of child
care services;-and four additional representatives of urban and rural
parts of Orange County.
Members of the Children's Council shall serve three-year terms, but no
Council member may serve more than two consecutive three-year terms.
In order to establish a uniform staggered-term structure for the
ch year,
Children's Council whereby some members' terms will expire ea
_ 592
034
the Board of County Commissioners shall initially appoint three persons
to a one-year term, three persons to a two-year term and three persons
to a three-year term. All subsequent appointments for each such member,
or successor shaTl be for three year terms. ..
f
Nm I The Children's Council shall adopt By-Laws for the conduct of its
'bag
business including the selection of appropriate officers and the setting of
I regularly scheduled meetings.- Children's Council meetings shall be held in
' compliance with the Open Meetings Law, N. C. Gen. Stat. $143-318.1 et. M.
Children's Council members. shal.l serve without monetary compensation.
Consistent with general policies' of Orange County, Council members may be reim-
bursed for travel and subsistence for attending meetings, conferences and
workshops.
'SECTION 2. POWERS AND DUTIES OF THE CHILDREN'S COUNCIL
A. The Council shall serve as a liaison between the young children and
their families of Orange County, and the:County government.
B. The Council shall serve as the advisory body for the Orange County
_Department of Children's Services. The Council .shall.suggest policy
and make recommendations to the Department, and the Board of County
Commissioners on the special needs of children, particularly with
respect to the needs for a comprehensive. integrated approach to the
coordination, development and improvement of child care delivery,
parent education and support.services for children. However, no
progress or services delivered shall be duplicative or overlap with
these provided by other County agencies. The Children's Council
'shall make every effort to cooperate. with other county agencies on
the development of programs and provision of services. .
_ 035
C. The Council shall work to stimulate. and.-promote needed services
and programs for children.
D. The Council shall assist public, private, and voluntary organiza-
tions in providing services to children.
E. The Board shall review and make recommendations concerning service
i
proposals and funding of services that have an impact on children_
F. The Council shall consult with and assist the Director of the
Department of Children's Services in the preparation of the agency's
budget.
G. The Council shall review the proposed' budget of the.Department of
Children's Services prior .to the time the Agency's budget is submitted
reafter, the Council may advocate the needs
to the County Manager. - The Y
of the Department of:Children's Services to: the Board of County CommissionE
H. The Council shall assist the Director of the Department of Children's
Services in prioritizing and implementing the goals of enhanced
children's services as recommended by the HSAC Child Care Subcommittee
Report.
I. The Council shall perform other functions and duties as may from time
to time be requested -and prescribed by the Board of County Commissioners.
ARTICLE II. DEPARTMENT OF CHILDREN'S SERVICES
SECTION I. CREATION OF THE ORANGE COUNTY DEPARTMENT OF CHILDREN'S SERVICES
There is hereby created a Department to be known as the Orange County
Department of Children's Services, which shall function directly under the
County Manager.
SECTION 2. DEPARTMENT OF CHILDREN'S SERVICES POWERS AND DUTIES
The Department of Children's Services shall
594
036
A. Plan, coordinate and evaluate County programs and policies with
respect to needs of children.
B. Cooperate with local, state and federal agencies on program
funding and development..
C. Negotiate contracts with public, private and voluntary organi-
zations, for services to children. '
D. Serve generally as an advocate in promoting the health and
welfare of the children of Orange County.
E. Administer 'those funds for purchase of day care and program
administration provided by the Orange.County Department of
Social Services through an annual contract which sets forth
the terms and responsibilities for handling these funds.
SECTION 3. DIRECTOR OF DEPARTMENT OF CHILDREN'S SERVICES
The position of the Director of the Department of Children's Services is here`s
created. He shall be the chief administrative officer of the Department of
Children's Services and shall be a Department Head reporting directly to the
Orange County Manager,
The position of the Director of the Department of:Children's Services
shall be filled pursuant to and in compliance with the Orange County Personnel
Polity.
Personnel as may be deemed necessary to the supervision, operation
and maintenance of the Department of Children's Services programs and services
shall be employed and discharged in accordance with the Personnel Policy of the
County.
SECTION 4. POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF CHILDREN'S SERVIC.
The Director of the Department of Children's Services shall:
A. Serve as secretary to the Children's Council.
- ' - 5K
•
037
f .
B. Administer programs and services established for the Department.
C. Appoint and supervise departmental personnel consistent with the
Orange County Personnel Policy.
D. Administer funds appropriated to the Department through the County's
budget .process and administer funds provided through other funding
sources in accordance with approved polices of Orange County.
I
� E. Have such other powers and duties as are necessary for the opera--
tion of the Orange County Department of Children's Services.
A complete description for the position of the Director of the Department
of Children's Services shall be devised by Orange County. The Children's Council
shall. make recommendations further defining the duties and responsibilities of
the Director of the Department of Children's Services.
JThis ordinance and resolution shall be in full force and effect on
I
1983, after having. been adopted according to the law by the Orange
County Board of Commissioners..
Adopted this day of , 1983.
ORANGE COUNTY BOARD OF COMMISSIONERS
BY
is a Itte 9 air
Attested to:
tIeR to t e Board o ssioners
of Orange County
I _
BOARD OF COMMISSIONERS' ACTION AGENDA
ACTION AGENDA ITEM ABSTRACT ITEM NO.E-3-
MEETINI& DATE' or
0 5 5 C
• 038
SUBJECT.- Animal Control
DEPARTMENT:, Health PUBLIC HEARING: YES NO
I ATTACHMENTS) INFORMATION CONTACT: Commissioner Willhoi
1. Summary of Amendments
2.. Proposed Animal Control Ordinance PHONE NUMBERS: HILLSBOROUGH - 732-8181
3. Summary of Comments and Suggested. HILLSBOROUGH 732-9361
Animal Control Ordinance Amendments CHAPEL HILL - 967-9251
in Response Hereto MEBANE 4 227-2031
DURHAM - 688-7337
PURPOSE:- In general, the purposes of this ordinance are to define and prohibit the
abuse of animaTs;- to establish an animal cruelty investigation effort; to.
define and remedy public nuisance problems that are dangerous or prejudicial
to. public health,. property, and livestock;. to remedy the emission of noises
that annoy or frighten citizens;- to. regulate, restrict, or prohibit the
keeping of strays; to prevent dogs from going at large and.breedinn in such
manner a$: to maintain a superabundance of dogs and engaging in pack activities;
td permanently restrain vicious dogs; to establish a citizens complaint process;
and, to establish civil fines for violation of the ordinance.
NEED: Numerous citizens are bitten each year (sane persons sustain serious injury
requiring hospitalization); the Animal Control Officers (ACOs) of the Health
Department handle around 10 bite cases per month;. dogs cause bicyclists and
motorcyclists to have accidents-; in some areas jogging and other outdoor
exercise is hazardous due to dogs; livestock are killed by don packs; roaming
dogs destroy property; citizens complain they are not able to enjoy their
own yards- due to roaming dogs;: the.ACOs respond to about 170 citizen complaints
about dogs per month in the- non-incorporated areas of Orange.County. Several
major cases of cruelty to ahimals are discovered each year. We. lack a systema-
tized. effort to discover- the true extent of this problem and sto!� such-.prac-
tices, Orange County does not now have an ordinance other than the minimal
State Regulations. The- State Regulations are inadequate for the control of
roaming and biting dogs- - often our ACO's are unable to help people due to
lack of regulations.
IMPACT: A) Increased safety and security of citizens and,property from animals.
8) Provide ACO's with necessary regulations to dd their jobs.
C) Establish an animal cruelty investigation/prevention program.
D) Minimal additional county cost but increased revenue due to fine collection.
RECOMMENDATION(S);
Ad-,Nc the ordinance amendments.
AMENDMENTS TO'AN ORDINANCE TO PROVIDE
FOR ANIMAL CONTROL AN4 PROTECTION IN
ORANGE COUNTY, NORTH CAROLINA
BE IT ORDAINED that the Board of Commissioners of Orange County
hereby amends the Ordinance to Provide for Animal Control and Protection in
Orange County, North Carolina by adding the following:
Section VL As used in this ordinance, the following terms mean:
1. Adequate Feed: The provision at suitable intervals, not to exceed
24 hours, of a quantity of wholesome foodstuff suitable for the species and age,
sufficient to maintain a reasonable level of nutrition in each animal. Such
foodstuff shall be served in a receptacle, dish, or container that is physically
clean and in which agents injurious to health are removed or destroyed, to a
practical minimum.
2. Adequate Shelter: That shelter-which will keep an animal dry,
out of the direct path of prevailing winds and out of the direct sun.
3. Adequate Water. A constant access to a supply of clean, fresh
potable water provided in a sanitary manner or provided at suitable intervals for
the species and not to exceed 24 hours at any interval.
4. Animal: Any live, vertebrate creature specifically including but
not limited to dogs, cats, farm animals, birds, fish and reptiles.
S. Animal Control Shelter: A place provided and operated by Orange
County directly or by contractual agreement, whether or not jointly with another
governmental unit, for the restraint, care and disposition of animals.
6. At Large: Any animal shall be deemed to be at large when it is
off the property of its owner and not under the restraint of a competent person.
7. Competent Person: A person of suitable age and discretion to
59E
keep arr animal under sufficient restraint and control in order to prevent harm to
person and property.
- 8. Cruel and Cruel Treatment: Shall be held to include every act,
omission, or neglect whereby unjustifiable physical pain, suffering, or death is
caused or permitted; but such terms shall not be construed to include lawful
taking of animals under the jurisdiction and regulation of the Wildlife Resources
Commission, lawful activities sponsored. by agencies conducting biomedical
research or training, lawful activities for sport, the production of .livestock or
poultry, or the lawful destruction of any animal for the_purpose of protecting
such livestock or poultry.
9. Exposed to Rabies: An animal has been exposed to rabies within
the meaning of this ordinance, if it has been bitten by, or otherwise come into
contact with, any animal known or suspected to have been infected with rabies.
10. Harbor: An animal shall be deemed to be harbored if it is fed. or
sheltered. by the same person or household for seventy-two (72) consecutive hours
or more.
11. Health Department: Orange County Health Department,
12. Health Director: Director of the, Orange County Health
Department.
13. .Keeper: A person having custody of an animal or who keeps or
harbors an animal or who knowingly permits an animal to remain on or about any
premises occupied or controlled by such person. .
14. Owner: Any person, group of persons, firm, partnership or
corporation owning, keeping, having charge of, sheltering, feeding, .harboring or
taking care of any animal. The owner of an animal is responsible for the care,
actions, and behavior of the animal.
59E
15. Person: Any individual, corporation, partnership, organization, or
institution commonly recognized by law as a parson.
•16. Public Nuisance Defined: Actions Deemed Prima Facie Evidence
of a Public Nuisance: The following activities of an animal or conditions
maintained or permitted by the animal's owner or keeper shall constitute a public
nuisance.
(a) The animal is repeatedly found at large off the premises of its
owner or keeper and not under the restraint of a competent person.
(b) The .animal repeatedly damages the property of anyone other
than its owner or keeper, including, but not limited to, turning over garbage
containers or damaging gardens, flowers, shubbery, vegetables or trees.
(c) The animal habitually and repeatedly barks, whines, or howls.
(d) The animal repeatedly chases, snaps at, or barks at
pedestrians, bicycles or vehicles and is not in an enclosure, chained or on the
owner's or keeper's property.
(e) The owner or keeper fails to confine a female dog while in
heat (estrus) in a building or secure enclosure in such a manner that she will not
be in contact with another dog, nor attracting other animals; provided, .this
section shall not be construed to prohibit the intentional breeding of animals
within an enclosed area on the premises of the owner or keeper of an animal
Involved in the breeding process.
17. Restraint: A dog is under restraint if it is controlled by means
of a chain, leash or other like devise; is under direct control and is obedient to
commands; is on or within a vehicle being driven or parked; or is within a secure
enclosure,.
18. Security Dog: Any dog used, kept or maintained on the premises
suc
of its.owner or keeper for the purpose' of protecting any person or property.
Any such dog shall be further classified as ; patrol dog, .sentry dog, or watch
dog.
(a) Patrol dog - A dog that is trained or conditioned to attack
or otherwise respond aggressively, but only upon command from a handler either
off or on lead. '
(b) Sentry dog - A dog that is trained or conditioned to attack
or otherwise respond agressively without command.
(c) Watch dog - A dog that barks. and threatens to bite any
intruder and that has nqt been specially trained or conditioned for that purpose.
19. Stray: Any dog wandering at large or lost, does not have an-
owner, or does not bear evidence of the identification of any owner, or any dog
whose owner, if determinable, has failed to pay for and procure a dog license tag
or vaccination tag.
20. Suspected of Having Rabies: An animal which has bitten a person
or another animal.
21. Veterinary Hospital: Any establishment maintained and operated
by a licensed veterinarian for surgery,. diagnosis and treatment of diseases and
injuries of animals.
22. Vicious Animal: Any animal, security dog excluded, which
constitutes a physical threat to human beings or .ether animals by ,virtue of an
unprovoked attack or an attack of such severity as to cause property damage,
injury or harm to a person or another animal.
Section VII: . The Orange County Animal Control Program, as herein-
described and as otherwise described in other County ordinances related to
animals and as otherwise described in the law of North Carolina, shall generally
601.
be administered by the Orange County Hehlth Director. Specifically,
A. The Health Director shall designate employees or agents
enforcing this ordinance as Animal Control Officers and Rabies Control Officers.
Animal Cruelty Investigators shall be appointed by the Board of County
I Commissioners as provided by law. In the performance of their duties, Officers
and Investigators shall hale all the powers, authority, and immunity granted under
this ordinance and by the- general laws of this state to enforce the provisions of
this ordinance, and the laws of North Carolina as they relate to the care,
treatment, control or impounding of animals.
B. Except as may be otherwise provided by law, no officer, agent,
or employee of the County charged with the duty of enforcing the provisions of
this ordinance or other applicable laws, shall be personally liable for any damage
that may accrue to persons or property as a result of any act required or
pemitted in the discharge of such duty unless he acts with actual malice.
C. It shall be unlawful for any person to interfere with, hinder, or
molest any Animal Control Officer, Rabies Control Officer, Animal Cruelty
Investigator, P olice officer, veterinarian s or other duly appointed agent while in
the performance of any duty authorized by this ordinance or to seek to release
any animal in the custody of said agents, except in the manner as herein
provided.
D. Animal Control Officers, Rabies Control Officers and Animal
Cruelty Investigators are not hereby authorized to carry on their person firearms
of any kind except as' grovided herein. The Orange County Animal Control
Program may store at the Health Department or carry in departmental vehicles.
firearms approved for use, and use such firearms when.necessary to enforce
sections of this ordinance or under applicable law for the control of wild, vicious,
_y
6U�
or diseased animals.
E. The employees of the Animal Control Program shall:
1. Have the responsibility along with law enforcement agencies
f to enforce all laws of North Carolina and all ordinances of Orange County
` pertaining to animals and shall cooperate with all law enforcement officers'within
I
Orange County in fulfilling this duty.
2. Enforce and carry out all laws of North Carolina and all
ordinances of Orange County pertaining to rabies control.
3. Be- responsible for the investigation of all reported animal
bites, for the quarantine of any dog or cat, exposed to or suspected of having
rabies, for a period of not less than ten (10) days, and for reporting to the
Health Director as soon as practicable the• occurrence of any such animal bite
and the condition of any quarantined animal.
4. Be responsible for the seizure and impoundment, where
deemed necessary, of any dog or other animal in Orange County involved in a
violation of this or any other County ordinance -or state law.
S. Investigate cruelty or abuse with regard to animals
separately or with a duly appointed Animal Cruelty Investigator.
6 Make such canvasses of the county, including the homes in
the county, as necessary for the purpose, of ascertaining compliance with this
ordinance or state statute.
T. Keep, or cause to be kept, accurate and detailed records
Of
(i)- Seizure, impoundment, and disposition of all animals
coming into the custody of the animal control program.
(ii) Bite cases, violations and complaints, and investigation
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y
60%
of same.
(iii) Any other mattirs deemed, necesary by the Health
Director.
8. Be empowered to issue notices of violation of this ordinance
in such form as the Health Director may prescribe..
Section VIII. Nothing in this section is intended to be in conflict with
i, the laws of the State of North Carolina regulating, restricting, authorizing or
otherwise affecting dogs while used in hunting. This section should be read and
enforced consistent with any such law.
Section IX. It shall be unlawful for any person who causes injury to
an animal by running over or hitting the animal with any motor vehicle to fail to
notify immediately any one of the following: (1) the owner(s) or keeper(s) of said
animal (if known or ascertainable with reasonable efforts made,to locate the
owner or keeper), (2) an Animal Control Officer, (3) the Sheriff's Department, or
(4) the Animal Control Shelter.
Section X. The following acts or failure to act relating to the
mistreatment of animals are unlawful and violations of this ordinance:
A. It shall be unlawful for any person to subject or cause to be
subjected any animal to cruel treatment or to deprive or cause to be deprived
any animal of adequate food and water. Depriving an animal or causing it to be
deprived of adequate food and adequate water constitutes cruelty as defined in
this ordinance. With respect to domesticated pets, it shall be unlawful to
deprive or cause to be deprived any such animal of adequate shelter. Depriving
a domesticated .pet nr causing it to be deprived of adeouate shelter constitutes
cruelty as defined in this ordinance. All animal cruelty investigators appointed
by the Board of County Commissioners as authorized by G.S. Section 19A-45 shall
- su4
proceed in any case involving cruelty to animals as proscribed in Article 4 of
Chapter 19A of the North Carolina General Statutes.
B. It shall be unlawful for any person to sell or offer for sale, barter
or give away within the county baby chickens, baby ducklings or other fowl under
six (6) weeks of age or- rabbits under eight (8) weeks of age as pets, toys,
premiums or novelties; provided, however,. that this section shall not be construed
to prohibit the sale or, display of such baby chickens, ducklings or other fowl or
such rabbits in proper facilities by breeders or stores engaged in the business of
selling for purposes other than for pet or novelties.
C. It shall be unlawful to color, dye, stain or otherwise change the
natural dolor of baby chickens or other fowl or rabbits.
D. It shall be unlawful for any person to tether any fowl.
E. It shall be unlawful for, any person to entice or lure any animal
E .
out of an enclosure or.off the property of its owner or keeper, or to seize,
molest or tease any animal while the animal is held or controlled by its owner or
j
keeper or while the animal is on or off the property of its owner or keeper.
F. It shall be unlawful for" any person to commit any of. the acts
made unlawful by the provisions of G.S. 14-362, as the same relate to a dog or
dogs, or- to commit any other act made..unlawful by any other law of the State
of North Carolina relating to dog fighting or dog baiting. The repeal of such
law or lawn of the State of North Carolina 'shall have no effect upon this
Section, and the acts herein made unlawful shall, in the event of such repeal, be
those referred to in said law or laws immediately prior to such repeal.
I
G. It shall be unlawful for any person to abandon, leave, or forsake.
any animal within the county.
' Section M. It shall be unlawful' for any .person to keep any vicious
iI -
f
. sup
animar within the county, unless under restraint and on the premises of the
owner of keeper. Although security dogs nged not necessarily be kept under
restraint while on the premises of their owner or keeper, they nevertheless are
subject to all other provisions of this ordinance as that of any other animal,
iwhile off premises-
Upon an Animal' Control Officer's observation of a vicious animal at
large or on the premises of its owner or keeper, and not restrained by a
competent person, said officer shall impound said animal.
Upon an Animal Control Officer's receipt of a complaint that an
animal is behaving or has behaved viciously and is at large or on the premises of
its owner and not restrained by a competent person, said officer shall investigate
! said complaint and, upon a finding that there is probable cause to believe a
violation has occurred, shall take any action provided by this ordinance or any
State law as the circumstances may require.
Section ZM It shalt be unlawful for an owner or keeper to permit an
animal or animals to create a nuisance, or to maintain a nuisance created by an
animal or animals. Compliance shall be required as follows:
A. When an animal control officer or law enforcement officer
observes a violation, the owner or keeper will be provided written notification of
such violation and be given forty-eight (48) hours from the time of notification
to abate the nuisance.
B. Upon receipt of a written detailed and signed complaint alleging
that any person is maintaining a nuisance as defined in this ordinance, the Health
Director shall cause the owner or keeper, of the animal or animals in question to
be notified that a complaint has been received, and shall cause the situation-
complained of to be investigated and a report and findings thereon to be reduced
I� -
bu;
I
keeper_thereof from any penalty which- may be imposed for violation of this
ordinance.
C. Any animal seized and impounded which is badly wounded or
diseased (not a rabies suspect), and has no identification may be destroyed
pursuant to procedures of the Animal Control Shelter. If the animal has
1 .
' identification, the Animal Control Shelter shall attempt to notify the owner or
keeper before disposing of such animal.
Section XN. It shall be unlawful and a violation of this ordinance for
any animal owner, keeper or other person to fail to comply with the Iaws of
North Carolina relating to the control of rabies.
Section XV. Hospitals, clinics and other premises operated by licensed
veterinarians for the care and treatment of animals are exempt from the
provisions of this ordinance except for the provisions relating to cruelty to
animals and rabies control
Section XVI. Aa animal impounded under this ordinance may be
f reclaimed by Its owner or keeper according to the procedures of the Animal
Control Shelter, but, if impounded- as vicious, only upon written authorization of
!° the Animal Control Officer. Said -authorization shall be granted when the Animal
Control Officer is reasonably assured that the vicious animal will be properly
restrained on the premises of its owner or keeper. Unless thus reclaimed or
otherwise ordered by the Animal Control Officer; the impounded animal may be
allowed to be adopted or humanely destroyed after seven (7) days of
impoundment, according ta• standard Animal Control Shelter procedures.
In lieu of impoundment, the Health Director is authorized to issue a
confinement order to the animal owner or keeper that would require the owner,
or keeper to confine an animal violating provisions of the ordinance. Failure to
f
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to writing.
C. If the written findings indicate that the complaint is justified the
Health Director or person duly authorized by the Health Director shall cause-the
owner or keeper of the animal or animals in question to be so notified in
writing, and shall order, abatement of such nuisance within forty-eight (48) hours
i ,
by whatever means may be necessary. In the event the owner or keeper of the
animal or animals is unknown and cannot be ascertained, the notice and order,
along with a general description of the animal or animals shall be posted for
forty-eight (48) hours at the Animal Control Shelter and the county courthouse.
D. If after forty-eight (48) hours of the date of receipt by the owner
or keeper* of the notice the nuisance is not abated, the animal creating the
nuisance shall be impounded. Any stray may be impounded immediately upon the
Health Director's determination that it is creating a nuisance as defined in this
ordinance-
Section XM. It shall be unlawful 'for any person knowingly and
intentionally to harbor, feed, keep in possession by.confinement, or otherwise, any
dog that does not belong to him, unless he has, within seventy-two (72) hours
from the time such dog came into his possession, notified an Animal Control
Officer.
A. Any animal which appears to be lost, stray or unwanted, not
wearing a currently valid tax tag or a currently valid rabies vaccination tag as
required by state law or this ordinance, or not under restraint in violation of this
ordinance, may be seized, impounded, and confined in a. humane manner in the
Animal Control Shelter and thereafter disposed of pursuant to procedures of the
Animal Control Shelter.
B. Impoundment of such an animal shall not relieve the owner.or
IGUE
thus confine the animal or keeper would constitute a further violation of the
ordinance, subjecting the owner to appropriate;:criminal or civil penalties.
.4
Section XVII. The following penalties shall pertain to violations pf
this ordinance.
A. The violation of any provision of this ordinance shall be a
' misdemeanor and any 'person convicted of such violation shall be punishable as
provided. in G.S. 14-4. 'Each day's violation of this ordinance is a separate
offense. Payment of a fine imposed in criminal proceedings pursuant to this
subsection does not relieve a person of his liability for taxes or fees imposed
under this ordinance..
B. Enforcement of this .ordinance may be by appropriate equitable
remedy, injunction or order of abatement issuing from a court of competent
jurisdiction pursuant to G.S. 153A-123 (d) and (e).
C. In addition to and not in lieu of the criminal penalties and other
sanctions provided in this ordinance, a violation of this ordinance may also
subject the offender to the civil penalties hereinafter set forth.
I. Such civil penalties may be recovered by Orange County in a
civil action in the nature- of debt' or may be collected in such other manner as
prescribed hereln within the prescribed time following the issuance of notice for
such violation..
2. Such notice shall, among other things
(a) State upon Its face the amount of the penalty if such
penalty be paid within seventy-two (72) hours from and after the issuance of the
notice.
(b) Notify such offender that a failure to pay the penalties
within the prescribed time shall subject such- offender to a civil action in the
NEW
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nature-of debt for the stated penalty plus an additional penalty in the amount of
I
twenty-five dollars ($25.00), together with thq. cost of the action to be taxed by
the Court
(c) Further provide that such offender may answer the said
notice by mailing said notice,, and stated penalty.to the Health Department at
the appropriate address, and that upon payment, such case or claim and right of
} action by Orange County will be deemed compromised and settled.
(d) State that such penalties must be paid within seventy-
two (72) hours from issuance of such notice. Such notice shall further state that
if such notice of violaiton is not paid within said seventy-two (72) hour period,
court action by the filing of civil complaint for collection of such penalty may
be taken.
3. The Health Director is authorized to accept such payments in
full ,and final settlement of the claim or claims, right or rights of action which
Orange County may have to enforce such penalty by civil action in the nature of
debt. Acceptance of such penalty shall be deemed a full and final release of
any and all such claims, or rights of action arising out of such contended
violation or violations.
4. The civil penalty for violation of this ordinance is twenty-five
($25.00) dollars.. Said penalty shall be paid within seventy-two (72) hours from
and after the issuance of the notice referred to above.
S. The notice of violation referred to herein may be delivered to
the person violating the provisions of this ordinance in person, or may be mailed
to said person at his last known address.
6. In addition to the penalty prescribed in subsection (4) above,
should it become necessary to institute a civil action to collect any penalty
hereunder, the violator shall also be subject to an additional penalty of twenty—
five ($35.00) dollars.
7. All penalties paid to the Health Department or as may be
recovered in a civil action in the nature of debt as herein provided shall be paid
into the general fund of Orange County.
Sec-tioa XVIII. This ordinance shall be effective
January 1 1984 Adopted this the 3rdday of October, 1983.
VKRNUt LUUN 1 Y U
• BOARD OF COMMISSIONERS ACTION AGENDA
ACTION AGENDA ITEM ABSTRACT ITEM NO.—E-8
i MEETING DATE" Ortnhpr.__3, 1483
i
SUBJECT: National Family Sexuality Week
DEPARTMENT: County Commissioners [ UBLI:C :HEARING: YES _�NO
i ATTACHMENT(S): INFORMATION ,CONTACT:Clerk to the..Board,
i. ext. 505 or 510
Yes PHONE NUMBERS: HILLSBOROUGH - 732-8181
HILLSBOROUGH - 732-9361
CHAPEL HILL - 967-9251
MEBANE - 227-2031
DURHAM - 688-7331
' PURPOSE: For the Board to consider approving a, resolution proclaiming October 5-11 as
National Family Sexuality Week.
NEED: Planned Parenthood of Orange County, Inc., is seeking the endorsement of the
Orange County Board of Commissioners of.October 5-11 as National Family
Sexuality Week.
IMPACT:
RECOMMENDATION(S):
As the Board i+<Ides.
Ddb
PROCLAMATION
- for
NATIONAL FAMILY SEXUALITY EDUCATION WEEK
I ,
WgEREASr much of the fundamental education of the
child occurs within the family, parents are
the primary sexuality educators of their
children;
WHEREAS, parents should be given community support
I in .fulfilling this vital responsibility:
WHEWAS,. parents and potential parents need to be'
aware of the resources which provide needed
information to assist them in the sexuality
education of their children. and,
!I WHEREAS, the purpose and commitment to Strengthen
the American family are reflected in
National Family Sexuality Education Week;
Tom raw, It Is hereby proclaimed that October 5 through
11 be designated National Family Sexuality
Education Week. All citizens and civic, health.,
educational, social and family organizations are
} encouraged to commemorate this week by supporting
eafidly sexuality education.
signature Hate
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008
IDaye Weng Ng & wife Guat Chen&-
iClass A Special Use Permit
I
Application
The following information is the Orange County Planning Staff's findings of fact
concerning Khye WengNg & wife Guat Cheng's request for a Class A Special Use
Permit under Section 8.8.23•of the Orange County Zoning Ordinance. The corresponding
zoning district applied for is Industrial-I.
I6 The following evidence has been supplied by the applicant or by the Orange County
Planning. Department.
Article 8 special Uses
Ordinance requires: Findings;
8.2.1 a) The applicant. shall have the The Planning Staff finds that the
burden of establishing, by competent applicant has presented competent
material and substantial evidence, the material and substantial evidence
existence of the facts and conditions for the approval of-the request,
which this ordinam a requires for with the attached imposed conditions.
approval; and
8.2.1 b) The Board shall make written The applicant- has provided figures
findings certifying compliance with that indicate compliance with Article.
the specific rules governing such in- 5 Dimensional Requirements and Article
dividual Special Use and that the use, 6, Application of Dimensional Require-
which is listed as a Special Use in the meats-. There are no requested
distriet•in which it is proposed to be variances from requirements.
located, complies with all required reg-
ulations and standards, including the
provisions of Article 5 and- 6 of this
ordinance, unless greater or different
regulations are contained in-.the-indi-
vidual standards for the specific
Special Use. It shall be the respon-
sibility of the applicant to present
evidence in the form of testimony,
exhibits, documents, models, plans
and the like to support the. application
for approval of a Special Use.
8.2,2 Where the Board finds a perpon
derence of evidence to indicate come
pliance with the general standards,
specific rules governing the specific -
use .and that the use complies with all
required regulations and standards, the
application must be approved unless the
Board shall also find, in some specific
manner that:
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I
stromms. Carrboro also has standards For lntermittapt
- - - _ not.
AS Ravze j/ Weva
av
APPEfr'DIX A
PROPOSED ORDINANCE TO PROVIDE
FOR THE CONTROL OF SOIL �
EROSION AND SEDIMENTATION
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•stanaaras f07C' 1 �n.y
g tLEa17LS- Carrbory also.not.. 1 lJ
A-1
I
ITEMS IN ITALICS INDICATE ADDITIONS TO THE ORANGE COUNTY ORDINANCE.
THE ORANGE COUNTY ORDINANCE AS IT EXISTS IS SHOWN IN PLAIN TYPE.
WHEREAS, the County Commissioners of Orange County. North Carolina,
recognize a great need to control soil erosion and sedimentation and those .
activities which result in erosion and sedimentation within Orange County•
and within areas affecting the county; and
WHEREAS, the North Carolina General Assembly, through Chapter 392 of the
Session Laws of North Carolina,- 1973, and other laws, has delegated to
local governments the power to control such erosion and sedimentation; and I
WHEREAS, Orange County Commissioners desire to exercise such power:
I
NOW, THEREFORE, BE IT ORDAINED by the County Commissioners of Orange
County, North Carolina. I
Section T Title
This ordinance may be cited as the Orange County Soil Erosion and Sedi-
mentation Control Ordinance.
• I
Section 2 Purposes E;
This ordinance is adopted for the purposes of: �I+
(1) Regulating the clearing, grading, excavation, filling and I�
manipulation of the earth and the moving and storing of waters
In order to:• control and prevent accelerated soil erosion and Z01
sedimentation, maintain the balance of nature, prevent the ;•I
obstruction of natural and artificial drainageways, inhibit
flooding and reduce the undermining of roads and other transpor-
tation facilities.
(2) Establishing procedures through which these purposes. can be hq!; 1
fulfilled.
Notwithstanding the provisions of Section 5 herein, the Board Ilf
of County Commissioners of Orange County hereby declares its
intent that all of the departments and agencies of Orange County, 'j;I
its contractors and subcontractors shall comply with the regu-
lations set forth in this ordinance.
Secttion.2.1 F. uL&'ga oS Fact Re&tutg to Sect&-wttatiott and Ermacan, � �!
W-Idtin UI4 veu- ty Lake Watvtzhed.
'file Gcwt-ty Ccnwv:asjojtc%s Sind tlutt, tuZdteu.t s.tt.i-t 4ed6nejttatio►t i
curd eAcs.i= eettt%0t,s, the deve2cpmeit.t es teutd iaLth-bt the UtLivc s ty LaFe
Wateuited tviCt have a s.fgftus.iccutt adverse inWet upott .tile /t=tt:t. sasety, [ r
and wtZSan.e as a t Pesch ac:ved by the umivens.ity Lake. Mane epec.Q.Zcauy;
a..s ap-C•a•'� c a t" straams
sttev Gaboro also has standards to= irttesmi j pi 1
A-2 L
it
1
tZutnntA into unEvena.tty lake,
Stonm� er �u tna 6 S Ceti eb po
. degrading tux ten quality. These pat.Z-Ltants .cncWe, but ate
not tir"ited to, argaauc and uiarga►ut cltcmicaZa.
bath as phoaphonaua and iu tADgen oa.0
6. The irtcreaae in o6 univerbiLty lake, advaueZy a6bee�ing {
accelerate euttAop _ !
6tora and Sauna. 1
c. The improper chann�.Giz�n o6 wzten.couhaeb and dna.inage Ito 6,
waterbhed w,i,Zt inc we, the ve.Zocity os 1.
the univeratty eerobcan and bedimentatim I ;
thereby .inenenaing
d. The attenatian as the natura.t .topography and removat o6 vegetation
City o6 X066•
wsU inema�e erobion by crAing veto
E
irtereaaed ¢nae.ion iG
e. The b.t*Ction as hater bod.Eea reattt�ti.ng 6�' IC
wiU dv_rheaae the capacity a6 the wateA bodies to hotd and
twmpoAt tttttelt,- and hang Stona and Sauna. it
6- Sedimentation 6urther neducea waters quaZtty ea eA t em
tjtanaponta potGutantb to the water, then neZeubea them
y in the water as it bvttZea.
`.
g, Imperv.coua buAsacea witZ ,inereaae the votume and rate 06
This a tma teat wate t. to Pv=tate
btarmucct A nuno66. �. �
! e crg gnAUid tom nechaitge.
into the biZ, threby deereaa.
alas nedueea the: Si teeing
InCAe ued vetoc ity os nuno66 !!.
e6sect o6 the aa.tt.
h. Tmrytape�eZy mana9
ed btormuxt#fit n�no66 w.i.Z.i' .ineneabe the
j .inc i.dence,o 6 6tood.ing and the teve.Z a s 6taoda which occur.
I�
Section 2.2 Objectives os RegaZationa AppZccable to U ivenbatl! Lakk f '
Watvaiahed
The negu at- ono bet 6antft in thi.a ordinance appt<ca
bCe to the untverb.ity
Lake watenahed arse dea.igned: ! `
i. Yo protect and ftUnta in the them i ca C, phyb i cat and b i otogl ca ;
qua.Gity and ,i.ntegxity os univerta ity Lake and other eriticat ',
watehshed anew. ! i
2. To pneverlt hang to the n¢bi dent
a 176 the community by pnaFLi6itfn9
activitieb whi h advenaeZ.y assect univeraity Lake as a pubic `
watch buppty.
3. To encourage the pnoteaiion 06 natu=Z'aybternb and the
non a itebe ayetemb �n
i a manner which does not
a I!I i
mpai& their b tene.jitiat Suncttontng.
4. To cUzeauitage the conatrtuction o6 dra.utiage bybtemb which
do not Sunctio=Uy app'toximat2 t1te nat<utat d +�9e t °tn. it
5.
To minimize aedimentatZon and VLab.con, within t1te uat"ahed,
in I�
and as a reauLt, mi►nize the transport a6 be �
dcment and. !:
potZutantb to university Lake.
is
igyp.�••t7
rrr�
7
- .a
foie i tet-it�Cest•streams . `"
bozo also has' c.�r
streams. ` Carr U C
--- -, -- ---- 112
- habitat o h and
6. To rycotect and maintain. the ewcstc.rig � {� ' I
7. Ta ptevent damage 6nom Jtood irng white neeognriZ ng that
natuUZ 6tuctuatione in wwten QevdA ane bene6.ici -
ts. To Wtect the abbo4tiv4 pu4i6ying and netenrtive 6unction4 o6
the natzwt eystems exc,a•ting in the UnZveA6 ty Lake WateAAhed
a/ea. 1=:
9. To ¢nsune the attainment o6 these objectives by nequ.uuing the
appnovat and .imptemenrtation o6 sedimentation and vws Zan cont7ot j.
pears 6o,% atC activitim which may advenael'y a65ecrt the
uniive#A ty Lake Watershed. I
10. To pnov-ide and en6otee deb.ign and per6onmance standards 6o& : I
contAot o6 post-development enoa.ion and sedimentation in atdeA
to pfceserve the ciuvracvdAt.Ics that existed in the. LlnriveluZty
Watershed Area prior to devetopment. �I
Section 3 Definitions
As used in this ordinance, unless the context clearly indicates otherwise,
the following definitions apply:
I a. Accelerated Erosion - means any increase over the rate of natural i
erosion as a resu t of land-disturbing activities.'
b. Acre - means 43,560 square feet..
c. Adequate Erosion Control-Measure. Structure, or Device'- means one
which controls the soil material within the land area. 1
d. A lgricultura I Land - is land used primarily for the production of plants �!!
and animas and intended for private consumption or sale, including
but not limited to forage and sod crops, grain and feed crops, tobacco, F:;I
cotton, and peanuts; dairy animals and dairy products; poultry and
poultry products; livestock, including the breeding and grazing of any
or all such animals; bees and apiary products; fur animals.
material which is required for on
canstruction
e. Borrow means fill q
a`d is obtained from other locations.
f. Buffer Area- means the strip of land adjacent to a lake or natural
watercourse. The boundaries and purposes of which are as set forth
it
in Section 8.lh.
• i
g. Channet - a natuAat on a4ti6.iciat wartencomue with a dejbtite bed and
n .a M con6.1,ne and conduat 6Cow v6 ulatcA.
I
h. Chatutet Attehati.ons - a chazige o6 the w2ten-ccwcyu1g cat ati;ty on Stoto If
VWRaU"t4Z6 o a natural on auti6•icat eluuutel by c1eaxing, excavation,
bantz atabiZtzation oh othm measta. �I
Z Cluumet S.tab.iti.zation - eno.6ioit peeve Luton and stabiUzanon o6 ve.tocity ;111
utcon W a c unmet using jettie6, drops, revetments, vegetation,
and othez meaauneA.
T
Jar•=:._ � �+Y,::
—` carrlsory also lass standards for intexaaitteat streaas
�esaaara.
- �.r• - � 113 -
i�
Commission - means the North Carolina Sedimentation Control I i
Comm fission.
k. Denuded Area - any area deprived of its protective vegetative cover +�
and left in that exposed condition. 14
I
1. D__e a��rtme��nt - mean$ the North Carolina Department of Natural Resources �
and Community Development.
m. 'Deveeo ent - any man-made change to Znp%oved on unrnphoved heat e6tate,
�g not United x0 CondthttCtCon ab building6 ah otl7.elt
al I
6twetultea, Wig, dtedg-ng, JZUinq, gAadLng, paving, excavation on• is
dA1.tX.ing ope&Ltiana,
n. . District -. means the Orange Soil and Water Conservation District
createa ursuant to Chapter 139, North Carolina General Statutes. "
,4
R. ViyefL ion - a channel oh a A,idge on combination .th.etwi which •c6 I 1
To_rAtkucted acAo66 6toping Zand v:thet on the contouA oh at a per--.
detvunined grade. UA pwtpo6e .ca to intmept and diveAt 6uA6ace Am- I
o66 bejahe it ga.in6 zaij i.c,i.ent vot me and vetocit;y to cause ew4 i.on
and convey the 6aA6ace Atno65 to a protected area. i' {
P. Erosion - means the wearing away of land surface by the action
of wind, water, gravity, or any combination thereof.
q. Ground Cover - means any natural vegetative growth or other material
whit—h renders the sail surface stable against acceleratedjerosion.
A. Ghou_ndwate& Re - .the in6 n o6 uzrteA inta.the p-cUith. It
may AnCAM5e the #a tat amount o6 wales 6taAed undeAghound ac only
tepZeniah 6upptie6 depteted thtough pumping on natfinae diaehage.
S. Im ervious Structure - is any.structure which prevents the free seepage
of rainwater into t e ground, including but not limited to buildings,
paved roads, paved parking lots, airport runways, etc. ;)
t. Inte uvUtent Strceam - a attAeam oA pontoon o6 a .6 tAeam that 6Eow only
Zi MEE neaponse to pneapLtation. it %ecave6 Uttte at no wateA i
6Aom 6pting6 and no Zong-continued 6uppty 6rwm meting 6now on other:
6outce6. It tb dAy Oo,% a tartge pant a6 the yeast.
u. Lake or Natural Watercourse - means any stream, river, brook, swamp,
noun , bay, creek, run, branch, canal, waterway, estuary, and any
reservoir, lake or pond, natural or impounded, in which sediment may
be moved or carried in suspension, and which could be damaged by
accumulation of sediment•or any body of water which is or would be de-
noted by a solid blue line or solid blue shapes on U.S.G.S. topographic
maps. I
v. Land-disturbing Activity - means any use of the land by any person
in residential, industria , educational, institutional, or commercial
development, highway and road construction and maintenance that results
I�
in a change in the natural cover or topography and that.may cause or
contribute to sedimentation.
i;
i
i - -
� �tsf
� .• -' for tcrmi.ttmat' reams.
��-• x G,1
AtaeealrMC� 'Carrbom,also has standards
`cE
r_ 114-
A-s j!
a
j.l
w. Local government - means any county, incorporated village, towns
or city, or any combination of counties, incorporated villages, town,
and cities, acting through a joint program pursuant to the provisions I W
of this Article. !
x. Natural Erasion - means the wearing away of the earth's surface by ,
water, wind, or other qatural agents under natural environmental
conditions undisturbed by man.
Peak DD.Ac a - .the maxwm �eoub blow ghom a given b�o�un
Y_ n at a apectg.fc .tocation- ,
l
aa. Person - means any individual, partnership, firm, association, joint 4 venture public or .private corporation, trust, estate, commission, 1
board, public or private institution, utility, cooperative, interstate
body, or other legal entity.
bb. Person En a ed in or Conductin Land-disturbin Activit - means the
individual, partners ip, firms association, joint venture, public or + !'
private corporation, trust, estate, commission, board, public or private I.
institution, utility, Cooperative interstate-body, or other legal
entity, financially responsible for the land-disturbing activity.
cc. Phase of_Gradin - means one of two types of grading, rough or fine.
� t
dd. Plan - means erosion and sediment control plan.,
ee. Sediment - means solid particular matter, both mineral or organic, that
gravity, or ice from
as peen or is being transported by water, air, ,
its site.of origin.
ff. Sedimentation - sediment resulting from accelerated erosion which is
or removable by properly designed, constructed, and main-
settleable tt
tained control measures; and which has been tranported from its point AE
of origin within the site of a land-disturbing activity; and which has
been deposited, or is in suspension in water. r!
Storm 'Dna.i.na a FactoU teb - .the dybtem os •cnteta, conduitb, 'channeta, I
99• ZCEXe—A, and appwctenaneea which serve to cottect and convey s.tonm=ten
i
tvwugh and owm a given dnadnage aaea.
hh. Storm Water Runoff - means the direct runoff of water resulting from
precipitation in any form.
jl
ZL Stlteam - a body o5 watea {mowing in a natu=Z euhsac2 c�iai:n¢t. Ftaco
may Ye cont.&ULO" oa 0nZY dwcing wet peaiadb.
Suate - an eton aced depneaa.i.on .in the ?.and zatsace .that cs at Z=At
J1• wet,g • heavily vegetated. and ,ia naumatty without
eeuaa►iaCty ca uauatty t
dAa,&=ge c z
hanne
U.awu water.ter. Swatea conduct 6toAmwate% into ply I�
and pwvi.de some gvtoundwzta recharge.
bk. T�tart - means aft co►titiguoua Land and bodies o5 wateA in one auntcns(sip�
i on cor+ iguoud Land and bodeb o5 water ua divr�tae awnews{up being
i
devetoped as a unit, at though not necedbah i,ty aPC a t one time.
I
E
.key
streams. Carrborc also has standards fay inte=itrim a stzieams•, ✓ '%
pot-
A-6
11. Uncovered - means the removal of ground cover from, on, or above j
the 5oil�surface.
i
mm. Undertaken - means the initiating of any activity, or phase of activity,
with results or will result in a change in the ground cover or topo-
graphy of a tract of land. I.I '
nn, Univ Lake Weuhed Me,a - compti6eA a t the Land area cont%4- I1 i
1g wazen zv uiuvMZfy Lke.
oo. Wetland - aneua that ate .inundated on 6atwwted at a Jnequeney and goo a
3' n suJi-ta i.ent to auppoAt a pnevatenee og vegetative on aquatic
I t ige tequi&ing batuAated an beaaom&Uy batwwted bole conditionb gon
gROwth and pepRoduation. i'
i
pp. Waste - means surplus materials resulting from on-site construction
anT-disposed of at other locations.
qq. Working Days - means days exclusive of Saturday and Sunday during which
weather conditions permit land-disturbing activity to be undertaken,
rr. Energy Dissi ator.- means a structure or a shaped channel section
with mechan-ica armoring placed at the outlet of pipes or conduits
to receive and break down the energy from high velocity flow. `: r
ss. Storm Drainage Facilities - means the system of inlets, conduits,
channels, ditches, and appurtenances which serve to collect and convey 4
stormwater through and from a given drainage area. I
tt. Ten Year Storm - means the surface runoff resulting from a rainfall of
an intensity expected to be equaled or exceeded, on the average in la
years, and of a duration which will produce the maximum peak rate of
runoff for the watershed of interest under average antecedent wetness
conditions.
uu. Velocity - means the average velocity of flow. through the cross section
of the main channel at the peak flow of the-'storm of interest. The
cross section of the main channel shall be that area defined by the geo-
metry of the channel plus the area of the flow below the flood height
defined by vertical lines at the main channel banks. Overload flows
are not being included for the purpose of computing velocity of flow.
Amended effective (December 6, 1978)
Section 4 Scope and Effect
It shall be unlawful, within the jurisdiction of this ordinance, to engage
in land-disturbing activity, except as provided herein, without first
obtaining a permit as required by this ordinance and without complying with
the conditions of the issuance of said permit.
Conflicts and duplications among portions of this ordinance shall be resolved
in favor of the more stringent regulation.
i
i.
x _ 4w"�w•••r- - -® lids standards far':nterM&ttenC:streaa4gr`�•_ +�:
-_ .. _ - .�-....,♦v T�}fit� - ���� . -�- -i��o-•�.: .��. �..
i A-7 I!�
Section 5 Excfa6.iona Within Areas Other than Unite Lake Watwhed 1
This ordinance shall apply to land-disturbing activities specified by this
ordinance undertaken b y any person within a.P.Z aneaa atlten than .the.
Univen6.ity Lake Watershed, with the following exclusions:
a. Land-disturbing activities undertaken on agricultural land as defined `
in Section 3(e).
i
b. Land-disturbing activities undertaken on forest land for the production i]
and harvesting of timber and timber products. i
c. Activities undertaken by person as defined in GS .113A-52 (7) who are' �!!
otherwise regulated by the provisions of the Mining•Act of 1971,
r, GS 74-76 through GS 74-68.
d. "those land-disturbing activies over which the State by statute, has. �
exclusive regulatory jurisdiction, which are activities:
(1) Conducted by the State, J
(2) •Conducted by the United States,
(3) Conducted by persons having the power of eminent domain,
(4) Conducted by local governments,
5) Licensed by the State or the United States,
(6) Funded in whole or in part by the State or the United States !:
I
Section 5.1 ExcC A ions Within Univeh6.ity Lake Waieu hed
Th.i,6 ordinance .ahaZe apply to .hand-d46&Ab' g ac ti iti.e6 under taken by
any pe 4on oZ d i.n the Univvaitxj Lake Wate Red, with the 6ozeaui,tg
eXdAL4•ions: is
I. Those andettaken on agni.auP.tunat .eand 6o& production o6 p,QantA and amazL 6
usejut to man, bw2uding but not united to: 6onage and sod enop6,
grain and Geed chop6, tobacco, cotton and peanut6; daity pnodur_td;
poaUAy and poutthy pkoduct6; Zive6tock;;.inctuding beet cattle, sheep,
swine, hox6e6, o-t goat6, .ine2wUxg the bk.eedi.ng and grazing o6 any o,%
al such an rrat.6; bee.4 and ap•caxy ptrodaCtA; 6wc anit=U.
i
2. Those undertakert on honest Zand bon the production and h"Ve6t liv 0,6
timbelc and tbnbe& p&o&,,-
3. ActivtUe6 undeittnken by peuon6 a6 de6.cned in G.S. 113A-52(7) who avice
othouai6e itegatated by the pkov.i.6.i.on6 o6 the bkning Act o6 7971,
G.S. 74-76 t tough 74-78. i
4. Those .hand-diAttdcb.i.ng-activ.itie6 eoiuiucted by the State oic the Waited �
S#itte6.
S. Any ma uttenance.,-a.GtvuLtion, use•on .Gninovement -to an ex i a tuag 4tkuc t%&e
not chaatq ng oK a66eati•ng quaUty, hate, voQume, on tocation o6
6un6ace uuten di.6change.
Section 6 General Requirements Foh Anea6 Oticen Titan UnivetLt Lake
I
watea6 r'
a. Plan Re uirement - An erosion and sedimentation control plan shall be
prepare an !led with the Erosion Control Division prior to the
i
_FN
- s
streams. Carrboro also has standards for fntara+lttunt atreagar�,
.�.. a put not. O
: - 117
A-8
commencement of any land-disturbing activity within ahead other%
than the UniveAA ty lake Watmhed whenever the proposed activity
will result in the uncovering of more than 40,000 square feet,
b. Plan Exemption - the person responsible for the land-disturbing activity
must obtain an Erosion Control Plan Exem tion Form from the Erosion
Control Division, pr7or to the commencement of any land-disturbing activity
Read °'ham than the Wver%6.cty Lake Wateuhed whenever the
Proposed activity will result in the uncovering of more than 20,000 i!
square feet.
i
c. Protection of Pro ert - persons engaged in land-disturbing c '
i shall to a a] reasonable measures,,to protect all public and private
e�
Property from damage by such activities. This requirement shall apply i
to any area to be disturbed, regardless of the size of the area to be
uncovered. I
Amended Effective (December 6, 1978)
i
Section 6.1 Genetat Requiteme;LU Son UniveUity Lake W eftAhed
i
a. Ptan. R cw%ement - except�''t ad othekwi6e ptovided in aubaeetion b., an
er%o6.wn an -5 ent Lion cant-tot plan zhaU be 1kepaka and JUed with the
EA04-ion Contwt Mviaion ptioa to the commencement o6 any tand-diatw xjM
activity within the UniveU.ity Lake Wateuhed.
b. Ptan Exemption - The per%60n nedpan6 cble 6aa the tand-d i umb.in
ne no au m an m4'on cantr%0t Pt an ii duck peuon obtain& an E&o6,i n
Cartlaot Ptah Exemption Force 6,wm the Food con Contrcol .Dcviaion, An
apt on box this 6onm Ghat l be 6ubmi tted and aha.ZZ, contain the name, �
addr%e66, and phone numbeA 06 the developed and owneA, a de6cA4 ion
and dnauti ag of the pnopozed development arc activcty, the tocat.Zon o6 the
development, and any other% -in6oAmation J%eque6ted by the
FA015 ion COMAO.t 0Sji,cer% that is tea4onabt neeeadar% to e0�e County
proposed development. The Mo4ion Cont>tot 066-leek d� , peak.
Exemption Farm i6 he 6ind6 ,jla t:
(1) The .land-di,4tu&b ing activity
morce tlwn 10,000 aquarc � not neduZt u� the uncover�y 06
(2) The .land-didtrr&&ng activity .46 not to be eoiukL.ated.in connection,
tt wi t'h ny o5 the 6a
I a ttowing typed o6 devePopnent6:
a. shopping centera6
b• .induett al aid commeac,iat 6aG�Led !i
c.
major% eubdiv.s.6.co,16
d. rcoad 6 j
e. any.activity .invotviq -the .temponar%y 0n pe,%=netct atonage on .
(above at betow g>towid) o6 any ►wxiou6, .toxic, on h+azandoua f
46ubatance, .incZuduug Suet 6toAage- 6ari."C06 {..
(31 The p2opae ed tand-di 6&L&bjng activity wi U not:
a- +"gjLi6�ccantly .ina%eaae on decneaae .the na.te a% votume o a
ncuw 6 c►rt6ace a
. i 66; ,
I!
MIX
- :Caicrboro also hay`standards Par intesmi tCes: �rzce ;�
whP a+nos the-county 8se5 not-.
i
i
b. .a-�gniji.canUy contr bate to the deg=dati.on o6 wateA nww6S;
' e. have a zigni6.ccaat adveue .impact on a wetand, cvatencou.'ree,
on Untveu ty Lake;
d. oc=x within a bu66eA area ci%cumdc& b.ueg UniveuZty Lake.
C. Protection 06 PAopent - Peuons engaged in Land-distutb ng act.Lvity
!
61fwU take %euaonabee.mea6u&e4 to protect att pubtic and private
Ivwpetty 6rnm damage by ouch activities. Th 6 Requitement ahaU appty
to any area to be dia.tuAbed.
Section 7 Basic Control Objectives
The basic control objectives which are to be considered in developing and
implementing an erosion and sedimentation control plan are to: !I
a, Identify Critical Areas - on-site areas which are subject to severe.
erosion, and off-site areas which are especially vulnerable to damage !
from erosion .and/or sedimentation, are to be identified and receive ! '�
special attention,-and appaopaiate mitigative meaBuAeb are to be taken l
Ito ptoteat those aAead.
b. Limit Exposed Area - all land-disturbing activities are to be planned '
and conducted to minimize the size of the area to be exposed at any
one time. '
c. Limit Time of Exposure - all land-disturbing activities are to be
planned and conducted to-limit exposure to the shortest feasible
time.
d. Control Surface Water - surface water runoff originating upgrade of KI
exposed areas should be controlled to reduce erosion and sediment loss
during the period of exposure.
e, Control Sedimentation - all land-disturbing activities are to be
iplanned and conducted so as to prevent off-site sedimentation damage. i
f. Mange Storm Water- Runoff - when the increase in the peak rates.and
velocity of storm water resulting from a land-disturbing activity is
sufficient to cause accelerated erosion of the receiving watercourse,
l plans are to include measures to control the velocity and-rate of
release at the point of discharge so as to minimize accelerated erosion f
of the site and increase sedimentation of the stream.
Amended Effective (December 6, 1978 and April 8, 1980) '
Section 8 Standards-for Land_Disturbing ActivitX
No land-disturbing activity subject to the control of this ordinance shall I
be undertaken except in accordance with the following standards: i
a. Buffer Zone - no land-disturbing activity shall be permitted in
proximity to a lake or natural watercourse unless a buffer zone
is provided along the margin of the watercourse of sufficient
width to confine visible siltation within the twenty-five percent
(25Z) of the buffer zone nearer the land-disturbing activity,
provided, that this subsection (a) shall not apply to a
i
7
--- "' -•• compute'"r�+c•stage-aZr- b
streams. Carrboro also has standards for intermittent stxa�sar F L ?J
irherea5 the County does not. i,
Ila
S L
A-10
s
land-disturbing activity in connection
under ahlakenorrnatural°f
, over,
watercourse. i
` b- Graded Slopes and Fills
the angle for graded slopes and fills
shat be no greater than the angle which can be retained by
vegetative cover or other adequate erosion control devices or struc-
tures. In any event, slopes
t days of completion tt sl pes left exposed will, within 30 working
Provided with ground cover. devices, or�structuresnsufficienteto�se I�
i restrain erosion.
l c- Ground _ whenever land-disturbing activity is undertaken
! on a tract comprising more than 20,000 square feet, if more
than 20,000 contiguous square feet is uncovered, the person
conducting the land-disturbing activity shall install such I '
I sedimentation and erosion control devices and practices as are
I`I
sufficient to retain the sediment generated by the land-disturbin g
activity within the boundaries of the tract during construction
upon and development of said tract, and shall plant or otherwise l
Provide a permanent ground cover sufficient to restrain erosion � � ?
after completion of construction or development within 30 working
' days or 120 calendar days following completion, whichever period
Is shorter. Amended .effective (April 8, 1980).
I - d- Desil7n and Performance of Control Measures - erosion and �+
l ine . des n ned, a measures, structures, and devices shall be so
planned, designed, and constructed as-to prvvide control of
accelerated erosion and sedimentation from the calculated peak
rates of runoff from a ten be calculated using theeproceduresyinstorm.USDAnosoi l ;n
Conservation Service's, "National Engineering '
Conservation Practices," or other calculation II
9 geld Manual for
to the Erosion Control Officer. Procedures acceptable
on rainfall data published by the RNatip al computations
eathernService for
based
the area. ,
I 8-1 � f
I lion AddZaojwt Standtds t'
Lake Wa.tenahed Son Land-D-46 tw b,,bi9 Activity &I. Unive uity
1.
"3
The P'tovi,a.inna os Section 8 ahatt a
I
the Un.iveM,14 Lake Wateaahed. In pp� �0 �tnd-d�.dtuab.utg activity
1 maintenance o won, the dea.ign, constn�,
5 dnaina e b s terra tion, and I'
Wateuhed a 9 y mt deveQ°pm w th.(n the Uyuv¢hstty Lake. Ij►:, _
s� aha�, coon ttOt •tot e�ezte►s�lea the t they aiie mope ft
and �l:ese
f t/wa¢ aet Swrth in Section k. t ve .clam
f
a. Cimuine f i n Runo - c6uutrte eut '
e P0 RunoSS aha.Ce be- Uuted t1140 3 �`�teh God es shaCe �
sys-ten�S dea:fgned to iriacecuse time id o.then
v� y, .incteaee .utS.i,Ctgcatic7n a °� eoncent n, deateaae I
and remove, pottatants. , a tocu suspended 40tids to settCe,
AttenatEo - �uct u: C encowcses sl ge. o,rXon, dcept"Ied, tuidened, s.j t�gh.tejIed, f
j steed on o-the.;AK3e attened except ut accandcuncc cu_4 aye +h`
I ;IFI
. �~ �� Y�\ �� .�• - - 4- � 1 ���`ter
1ZLi - •h++x�«•+"-
straanu. Carrboro also has standards for intermittent streams
irhpr @is the County does not 6 3 C
A-11 I
approved Zwaion contro.t plan: Water shalt be retaiyeed or
detained be6ore it enteors any nattmat watercourse in order to
9 p&eaenve the natwuct hydro-dynamics o6 the watercourse and to
prevent seduneatation.
e. Limit Land-Disturbing Activity ty - .the area o 6 dis twr bance by
dev opmcnt be az zmaU as pumttica.t.
rd. Land APtencrrtions - no grading, cutting on 6.ieting shah be
commenc i enoeon and sedimentation co►�.trot devices have
ben .insta.tted between the disturbed area and water bodies, �
watercourses, weteands, of adjoining p,%ope#,iied. j:!
e. Wettand Protection - wettands and other water bodied shah not be
Mid as sea tkaps during deveN.opment.J. Maintenance Re uucements and Responscb - enob.i.on and
se In entattDn 6acAXAUeA 6naU nec ceve regutax maintenance to ensure
.I
that they continue to junction ptopeh t y. Temporary badin6 i
shat.t be.eteaned out when they ake 6itted to 6i6ty (50) percent
o6 their dee.ign capacity. i
i g. Ao�ti6iai�r2 Watercaursed - any arti6iciat wAtAr-ouhde (where the i;
nee U emondtnat shaft be designed i
.igned eanadet ng so.0 type sa �
that the vetoeity o6 6.tow .cs low enough to prevent aeceterated
e/wa.ian.
i�
h. SuAAeA Area Requikement6 - do.i.L and pottutants caoror ied ovektand, i
plrun nom ra traits, and/or tread-disturb ng activities, ;
can be e66ectivety trapped by Leaving a %dot ivety undisturbed
atrip o6 vegetation pwra,t.tet and adjacent .to .the,wcttvLP-OuA4e.
Property managed oveVatnd water 6.tow can be directed into this I
bu65er area in a manner that wi.0 reduce velocity and cause
I d ie peu i on o6 the uaten. Sediments cask ied by the wate2 wiU
f settle out as a re6utt o6 this stowing and dispens.ion pwoeess.
The width o6 .these bu66er aneab shalt depend.an the type o6 .6&eam
or docaLmSe. area. The width o6.the bub6er st&14m shatrt be as E
6o.ttows:
1. Ckeeks and tributaries - (.i.e., permanent streams 6•towLng
t y wuveu ty Lake and pamanent s.tAeams ltowtng
.into such streams). Measure wrong a tine running penpe ufieutan
to the edge aj the itoodpta n. (ar .i6 no 6.toodptain has been
demcuccated, the center o6 the stream) 6'i6ty beet 6x°m the edge
o6 the 6.toodptain (ox .i6 no 6t.aadpta.in beta been demwtcated 6fwm
the edge o6 the water) plod an addctionat distance equal to:
4 x.slope x '100
where "6tope" is exp&essed as.a percentage deorived by divi.dulg
by 100 the h,Ue in elevation betueen the 6toodpZa.L> bou uj=y
tine (or .i6 no 6toodptain had been demarcated, the cententirie
o6 the watercouue) and a point one huruired beet 6rom that po.urt
i atong the above-descUbed penpendicm&A ruse.
I i
2. IiiteAmirttent zt,%eama 6towiltS into Meeks and •tr.ihutar.ies.
A easuAe ong a ►e %uiuw1g perpeJL uza t�e ce,titeitz te
i o6 the .intvwztteit stream 6.i6ty beet Gram such s•tneam
centv tuie.
- ..•.�+v±Lir.i:t-• ~-:f� •t�Wi�,•:SS�:�n-.•�.� y rev.-_y:..- _....- .—;4::..r. ���.�".v..- � _ ��,��_.__���"..
l l .a-�° �s.. _ ,gyp x`��..i�'-�'•.1�.T.::ro`:•�..K _ �v .-.
�..� .c3pC$. ��. �y,;r....�µ y R •+�..� i... R., °-� � 5��:nc. _z vi..�
�':' � .�;,�.`' ,tee �`�. r��•:•, �.... `.
rt� n.:+fig=.b ,ry;�5d' !�`.: vey�z �, 7R•`'. �u-...per:- .a �:.•.:
r*r>4
Rl
cumyu v w •• oF,e t,4� �.�
streams. •Carrboro also has standards for intermittentJstreap�g�i.....
7. Ir7 . irhProw�*i�e•rnnnty_r7n�e not rj UU !
.L
A-12 .
s I
3. Intalm ttezt a.tteams ,tautin diteat.0 Zito Un.ivens.t.ti Lake. j
1 S. 4leasu,te- aCottg a tute Ami big peApendiclixeim to the eentextine
of the inteAmittett Atkeam one luutdted Beet Jam such atAeam �
- ce}t-teAC.i�te. -
i b 4. InteitmZttent atnearm AZotabig into staeann6 which Jtow di&ectty
! :uti4o Uic.iveu,(,r Lake. A eaaute along` Lute &wuWzg peApuPa,c '
a to til e cente&LUte 06 the inte%mZttent stAeam 6.i6.ty beet dnom i 1
3 such ataeam eenteginea. s
U11,zVe'tuxg Lake. Mea su to along a tine nw'uung peapetdicu a,% to
j tlie htgh wrr tea mark o6 6toodpkcun bow2dcrny (whichever i6 6a the t
s 6Aom the Lake) one hundred beet 6Aom such high mten mark an
6 itoodpeai.n. boundary Wh.icheveA .46 6a&then 6AOm the Lake) peas an
additionaC distance egaat to:
4 x mope x 100
where "atope" !A exptesaed as a pencentuge derived by dividing
by 100 the XZAe in eCevat on between the high wateA tine od the I E
Lake and a point one hundred 6ee.t 6Aom that point aCang the
a above-deacAi.bed penpendicu&A Ziite.
I s I !
# The existing natti vegetation ir;. .the dea.ignated budder areas shatt �
not be di.6tu%bed in any waxy that wouCd reduce the aaea'a e66ectiveness i I
in achieving the objectives set 6oA.th .i.tt .this subsection. In addition, I I
v
buSSeA wceaa 6AOm which the vegetative coven has been Aemaved alta.P.0 I
g be ptanted on oche ux"e provided with gtocutd coven devices on at?cuct.Lnea
zu55ic.ient to atCow the bu6de t%Aea.to accompCish the obJeativea set doAth
.in thin aubseet.ion.
i. Sediment StaAa e - aed inezt .61uV_C be AetaZzed on the site. ad the
R—ev'E pment.
F
!I
{ f. Detention oA Retention AAeas - teteltion cue{ deteiti.on ponds may be
uzed to Ae ta.uz an a ta..n to Zzaem6ed and acce v;La ted Avis d.d which
i the dev eeopmen t g en eta tea. WateA a ha t be ut eas ed 6Aom detetztion
panda into mteAcouu es on wetCand.6 at a Aate and in a mannea ! I
approximating the nati 6totu which woutd have oc=4Aed be6or4e I
devetopmett. Retention and detention panda dhaZt be dea.igned zo
that they nm stain theia..ztauet oaC a tegAi ty when sub j ect to a
100 yezA ztoui. Detention and Aetention aAeaa shre be deb-ii
ea that shmet.ines are 6.i=u4 Aathen than staght and ao that
!
the tergth o6 shone.tbte .c6 maximized, thus oggeting mane space don
the gAowth o6 tittoaae vegetation. The banks o6 detention and r
Aeteztion a,%mz ahaU stope at a gentle gAade into the wateA a.6 a i
aina.t uard
sa a dkowYUtt
d 9 a9 g, peAaontaC .in'tJuAy,aA atlteA acc.idertts,
to encourage the gnow.th 06 vegetation and to allow the atteAnmte j
6.Caodl5ng curd expaawte od the areas aCong the ahoneC.utc as ttxttex
tevetA pehi.odi=Uy A.ize cutd 6aM
h_ en Space - -the use o6 dra.utagc 6ac.U..i.ties curd vegetated bu55cr 11
zones as open space, Accteat•ion, and coascnvatiatz areas shaet be I i'
etcowutg ed.
G.yaased Snxt..Ces - dta.inage taUh•itt the devctopment ahaCC be accommodated
by the natu.%aC drainage systcros whenever pvss.ibCe. The use OS
grassed draittaGe tcttys .to cluumee unte& sltaet be cncruraged. The
vet'oc,ity o6 •ttaveC in this gncwscd atua c aluLeC range betnucez 2-4
See Accotnd.
i
��r^� - tea. ..�,;,_.. - s•
'�� 7g - ,.......-
^;F ..,�'� �' f rte' �� •. � �
r•rig'' _
streams. Carrboro also has standards for intermittent�streas
_ irhereas the Couaty does not
_ F
t m. Retention o6 Runo55 6itom Indua.tAi,aZ Sit" - On aitee deveeoped A-13
! Son -in t+iiaZ punpoaea .i.e., uaea invotv.ing the manuSactun.utig,
p,%ocesa.ing, cneuti.ng, %epziAi.ng, renovating, leg, cteani.ng,
on assembling os goods, muchandi.ee, on equipment), tetenti.on o%
deteation [Uteri meeting the a.tandatda set South in subaection J. i
ahael be u4ed to inaune that nunoss .ca retained on the a.ite beSoae
being ne2eaaed. The purpose os this %equixement is to .ensure that,
not only w.iZZ the atandand set South in subsection 9a, be met, I
but atao a mechanism will be pnov.ided to saseguand the watershed
against the apZ2.tage o6 toxic on dangeh.oub substance..
!I
= Section 9 Permanent Downstream Protection of Stream Banks and Channels I :
Provision shall be made for permanent protection of off-site stream banks i
and channels from the erosive effects of increased velocity 1 ty and vplume of .
stormwater runoff resulting from land-disturbing activities.
a, Contnot os Vize- ange -.pnovi.aona shall be made San the controt os ,1
stoAuutzt'eA dt4c"ea Son the types o6 development as 6pec.i6ied
below. .Aster development os the site, the peak d+ischange os !'
stOA wlaten nunoss ke6utting from a ten-year atonm ehatZ be no l
greater than that which wowed xeauZt Snom a ten-yeah atonm on the t
same a.ite phioh. to development. _This hequitement shall apply to: '
1. Commene.ial, .in
dceatic,iat, 055.i.ce, and .i.na.titwti.anal deveeopmenta i
2. Mutti.-Samiey widentiat devetgpment6 os mane than 10 unit&
3. S bigte-SamiZy'detached ned.ident ia.0 developments where mane than
3 .iota ake to be cheated.
b. ' Control of Velocity - stream banks and channels downstream from any
and- istur ing activity shall be protected from increased degradation
by accelerated erosion caused by increased velocity of runoff from a
land-disturbing activity.. The land-disturbing activity shall be
planned and conducted such that the velocity of stormwater runoff in
the receiving watercourse at the point of discharge resulting from
a.10-year storm after development shall not exceed the greater of: '
r r
(i)) the velocity as determined from the table in (F) of' this rule, or
f ' (ii) the velocity, in the receiving watercourse determined for the 1'
10-year storm prior to development.
t I,
�. If conditions (i) and (ii) of this paragraph cannot be met, the channel f
below the discharge point shall be designed and constructed to withstand
the expected velocity. 1
1) Acce table Management Measures - measures applied alone or in
combination to satisfy the intent of this subchapter are acceptable
if there are no objectionable secondary consequences. Innovative
techniques and ideas will be considered and may be used when shown
to have the.potential to produce successful results. Some alternatives
are to:
(i) avoid increases in surface runoff volume and velocity by
including measures to promote infiltration to compensate for
increased runoff from areas rendered impervious;
(ii) avoid increases in stormwater discharge velocities by using
vegetated or roughened swales and waterways in lieu of closed'
drains and high velocity paved sections;
(iii) provide energy dissipaters at outlets of storm drainage
facilities to reduce flow velocities at the point of discharge;
these may range from simple rip rapped sections to complex la
structures;
iv) protec* eiatercourses subject to accelerated erosion by improving
cross sections and/or providing erosion-resistant lining.
_ .. _ ,._tr. - @,�t,Zo�Iy35a'.GIYaTua sa.a�i ry...•. ui. yu.a.a..�..ar t+; r..
streams. Carrboro also has standards for intermittent streams ` �'e�e`
ir:fereas the County does not.
..il_-in
A-14
Z) Exce tests - this rule shall not apply ill ah¢ay otite�t than the
Lake watenahed where it can be demonstrated that
stormwater discharge velocities will not create an
} erosion problem in the receiving watercourse.
3) The.f011owing is a table of permissible
discharges: velocity for stormwater
Matt Maximum Permissible `
Velocities For
Fine Sand (noncolloidal)
Sandy Loam (noncolloidal) 2.5 .8
Silt Loam (noncolloidal) 2.5 .8
Ordinary Firm Loam 3.0 .9 i
Fine Gravel 3.5 1.1
Stiff Clay (very colloidal) 5.0
5.0 1.5
Graded, Loam to Cobbles (noncolloidal) 5.0 1':5
Graded, Silt to- Cobbles (colloidal) 1.5 i
i Alluvial Silts (noncolloidal) 5.5 1.7 ;
Alluvial Silts (colloidal) 3.5 1.T M `
Coarse Gravel (noncolloidal) 5.0 1.5
Cobbels and Shingles . 5.0 .1.$
Shale and Hard Pans 5.5 1.7
6.0 1.$
i
Source: Adopted from recommendations by Special Committee on Irrigation
Research, Atnerical Society of Civil Engineers, 1926, for channels
with straight alignment. For sinuous channels multiply
velocity by 0.95 for slightly sinuous, by 0.9 for moeatelyowable
�1 sinuous channels, and by 0.8 for highly sinuous channels.
i Amended Effective (December 6, 197$ and April 8, 1980)
Section 10 Borrow and Waste Areas
When the person conducting the land-disturbing activity is also the person
conducting the barrow and waste disposal activity, areas from which borrow
is obtained and which are not regulated by the provisions of the Mining
Act of'1971, and waste areas for surplus materials other than landfills
regulated by the Department of Human Resources, Division of Health Services,
shall be considered as part of the land-disturbing activity where the borrow
material is being used or from which the waste material originated. When
the person conducting the land-disturbing activity is not the person
obtaining the borrow and/or disposing of the waste,these areas shall be
considered a separate land-disturbing activity.
Section 11 Access- and Haul Roads
Temporary access and haul roads, other than public roads, constructed or
used in connection with any land-disturbing activity shall be considered
a part of such activity, UU11 nebpec.t -to deveeopmertt ill 'the Un.ive,44i,tt
. Lake Watexslted, these access and haul toads 0utt.0-leave navel
at .the Wtkance o5 .t1le sate oS a Land-diz,tatbing ac.tiv.t.ty. J
Ur. 726 9 pads pQated �
I
w
F
MEMO
smi.
__#'m
streams- Ca=borc also has standards £or intermittent streams
creas the Colmty does note
i
A-15
=? Upon receipt of the revocation notice, the person responsible must immediately
order all land-disturbing activities to cease, except those activities which
are specifically directed towards bringing the site back into a state of compliance.
i
i Once the site has been inspected and remedial work approved by the Erosion
Control Division, the responsible party may re-apply fora grading permit.
The fee for a re-application is set at 50 percent of the original permit fee
. except on projects where no original charge for the permit was made. On those '
projects where no original fee was charged, the re-application fee is set at
50 percent of the current rate. Resumption of land-disturbing activities
other than those necessary to bring the site back into a state of compliance I
before reissuance of the grading permit will constitute a violation of the
ordinance. The person responsible for the 'land-disturbing activity may appeal I j
the revocation of a grading permit following the procedures set out in
Section 21f of this ordinance.
Amended Effective (December 6, 1978 and September 1, 1979)
Section 18 Erosion and Sedimentation Control Plans J
a. An erosion control plan shall be prepared when tequiAed by
becti.o►xb 6 oR 6.1 ob thia o4diwrice. The plan shall be filed
with the Erosion Control Officer and the Orange Soil and Water '
Conservation District; 30 days prior to the commencement of
the proposed activity.
b. The Orange Soil and Water Conservation District, within 20 days of receipt
of any plan, or within such additional. time as may be
Board of Commissioners of Orange County, shall review such cplan dand submit
its comments and recommendations to the Erosion Control Officer. Failure
of the District to submit its comments and recommendations to the Erosion
Control Officer within the prescribed time will not delay final action
on the plan.
i
c. The Erosion Control Officer will review each plan submitted and within
30 days of receipt thereof will notify the person submitting the plan
that it has been approved, approved with modifications, approved.with
performance reservations, or disapproved,
d. The plan required by this section shall contain such architectural
-engineering drawings, maps, assumptions, calculations, andnarrativend
statements as are needed to adequately describe the proposed development i
of the tract and the measures planned to comply with the requirements of
this ordinance. The plan shall comply with all applicable State and local
regulations for erosion and sediment control. Plan content may vary to
meet the needs of specific site requirements. Detailed guidelines for {
plan preparation may be obtained from the Soil Conservation Service's':f
,Guide for Erosion Control on Construction Sites", or from the Erosion
Control Officer on request.
e. Application for amendment of an erosion control plan in written and/or
graphic form may be made at any time under the same conditions as the
original application. Until such time as said amendment is approved ,
� . by the Erosion Control Officer, the land-disturbing activities shall
not proceed except in accordance with the erosion control plan as
originally approved.
Emended Effert:rP ;December b, 1978)
4
-qy. y�a �Y� 72:il—'• ¢,'J•. :i'1..yY:•S,r J1.�.• :1r - .S,�ax�y:+M1.
++t;:7:Y•�"�:rt%r••-_ �}Y� �{9C,.p ^C p..�- a$;r 4-'- :r .:
•� "� e,. "•= :air '�-� � ♦_';�. ` . :.'�,-�„�'r��g�
a iahereas the County rues nv.- - = O i i
A-16
Fi
Section 12 O erations in Lakes or Other Natural Watercourses i
Land-disturbing activity in connection with construction in, on, over, or i
under a lake-or natural watercourse shall be planned and conducted in
such a manner as to minimize the extent and duration of disturbance of ;
l. The relocation of
the stream channe -a stream, where relocation is an
essential part of the proposed activity, shall be planned and executed
w characteristics except when
so as to minimize changes in the stream flo `
i justification for significant alteration to flow characteristics is provided. I
Every effort sha11 be made V maintain buffer zones consisting of existing
vegetation between the land-disturbing activity and the watercourse.
Section 13 Res onsibil tv for Maintenance
Tdie person engaged in or conducting the land-disturbing activity shall be E
responsible for maintaining all temporary and permanent erosion and sedimentation
measures and facilities during the development-of ddmentation controlemeasuresland
for maintaining all permanent erosion i
facilities after site development is completed shall lie with the land owner i
except facilities and measures installed within road or street right-of-way
or easements accepted for maintenance by a government agency. `
Amended Effective (December 6, 1978)
Section 13.1 0 .te Fac,i P,itieb
The EAob.i.on ContAot 06�ievt may a.ZZow btoA=vatvt huno55 that is dZschahged
in volumeb on at nnteb in exceea ab those o.thvwjiAe a�WedebyZopmewt di$ntae
'ea
o the b
• taina
e ac i�i�:c b b
d
' char ed into 9 5 ed '.
to be dcb 9 and the channel Qeadcng to them one deaxgned, conbtnuc t
05s-cite dasitti.ieb thi,b ordinance. adequate
wid maintained in acconda�ue with the btanda�db ob i
rytov ,6ion must be made Son the bhax ng of the conathuctwn and maiatitenance
expexbeb aJ the gaci.tltiea. A xequebt to use 066-e.i.te dna.Lucge. 6ac tides
and aC,2. .cnjoAmattwn netated to the p&opobed o64-6.cte 4aei�iea bhouU be made
a pcurt 06 the deveYopen'b vtob.Lonand sedimentation Cont&OZ plan.•
Section 14 Additional Measures i I�
Whenever the Erosion Control officer determines that significant sedimentation
is occurring as a result of land-disturbing activity,-despite application and
maintenance of protection practices, the person conducting the land-disturbing i
_'• activity or the .person responsible for maintenance will be required to take
additional protective action.
i
Section 15 Existing Uncovered Areas
a. All uncovered-areas existing on the effective date of this ordinance j
which (i) resulted from land-disturbing activities not excluded tuide,t
Sect.ion 5 oa 5.1, and (ii) is ouch a teat cute owuide and (iii) are
Lake Wate,74hed exceed 20,000 coltt4uoub bque" beet,
subject to continued accelerated erosion, and (iv) are causing
off-site damage from sedimentation, shall be provided with a ground
" cover or other protective measures, structures, or devices sufficient i
d control off-site sedimentation.
to restrain accelerated erasion an
PI R121 y., •6. �••-r _ +w' :s,.,• ± b J('S..#;- w -,.
Ionsstreams. carrboro also has standards for interaaiteenE streams^� L
irhereas the County does not- ! !�
A-17
t {
b. The 'Erosion Control Officer will serve upon the land owner written notice
to comply. The notice will set forth the measures needed to comply and
will state the time within which such measures must be completed. In
determining the measures required and the time allowed for compliance,
the authority serving notice shall take into consideration the economic i
{ feasibility, technology, and quantity of work required, and shall set I
7 reasonable and attainable time limits for compliance. a
C. The Erosion Control Officer reserves the right to require preparation
and approval of an erosion control plan in any instance wherein extensive
control measures are required.
Amended Effective (December 6, 1978)
Section 16 Erosion Control Officer
This ordinance creates the position. of Orange County Erosion Control Officer
who will be responsible for carrying out the provisions of this ordinance.
The Orange County Erosion Control Officer shall work with the planning boards
and the elected governing boards of the planning jurisdictions within Orange
County in administering and enforcing this ordinance.
Section 17 Permits
a. No person shall undertake. (i) any Land-d.ie.tw%b.itg awv.c ty in the Un. vex,a•cty
Lake Watenahe.d on (ii) any land-disturbing activity which would result in
the uncovering of 20,000 square feet or more in axeas other than tke.
Un.iveA6.cty Lake wa texahed without first obtaining a permit therefor from
the Erosion Control Officer, except that no permit shall be required for
the land-disturbing activities listed in Sections 5 iuid 5.1. The permit
i shall be issued only after submission and approval of an erosion and
1 sedimentation control plan, except that no ptan ahatt be aequi4ed with
iLiApect to tand-d,6tutbag activity in the UniveUity Lake Wateuhed
Z6 such activity mee.t6 the cn i tvL& a et boxth in subs ectio n 6.1(b), .
and no plan shall be required with teApect to .Cued-diatun.binq activity
.ua. ateaa oth.eA than the unive.v:aty Lake WateAAhed where the area to be
uncovered is less than 40,000 square feet, Where a permit is required,
but no plan Is required., a plan exemption form shall be obtained. Erosion
control measures specified an the plan .exemption form shall be implemented
and maintained throughout the life of the project. Permits and application
forms must be signed by the land owner or an.authorized agent. The agent
must have a signed letter of authorization from the owner.
b. The county may establish such fees as considered necessary to defray costs
of administering this ordinance.
C. Whenever a person engaged in a land-disturbing activity is not complying
with the provisions of this ordinance, the grading permit, or the approved
sedimentation and erosion control plan, the Erosion Control Officer may
revoke the grading permit for the site in question. Notice of Revocation
shall be given by registered or certified mail to the person responsible .
for the land-disturbing activity.
d. Grading permits and plan exemption forms automatically expire if the land
disturbing activity does not commence within six months of the date of
I issue of the permit.
In the event service cannot be accomplished by registered or certified mail ,
it may be accomplished in any manner provided in rule 4(j) of the North Carolina
Rules of Civil Prt�;.utire.
s
- � `' !f:-• ^.:�» •_,F-' :�� r.r�:�"4`•:'�c��.i4`. ��a��jy' _ ,.•,.�.°. .��"�, �. ^tea' �''?i�ti.
�, •;' �. �,rays �a�s :•..
- ''7+%-- µ '•!G4' .H'-�+•.'ai- � �C��K� '.'�. _
' .. t. Wlllrµc.0 av i.yuF1C si ly •Laal� ane a, r.a p..:a.aaaaaa.aa y�� _
e streams...Carrboro a]_so'has standards for intermittent streams �s
iihereas the County does not.
n
r A-18
1
Section 19 Appeals
a. The disapproval or modification of any proposed erosion control plan
by the Erosion Control Officer shall entitle the person submitting f ;
the plan to a public hearing if such person submits written demand Ii
I for a hearing within 15 days after receipt of written notice of _ !
disapproval or modification. i I
i
b. (1) Hearings held .pursuant to this section shall be conducted by the
f Orange County Planning Board within 30 days after receipt of written j
demand for such hearing made by the person submitting the plan when
such plan is for land-disturbing activities occurring outside the
corporate limits of the towns of Chapel Hill, Carrboro, Hillsborough,
and Mebane.
(2) The Orange County Planning Board shall make recommendations to the
j Board of Commissioners of Orange County within 30 days after the date `
( of the hearing on such erosion control plan.
!� (3) The Board of Commissioners of Orange County will render its final
. decision on any erosion control plan upon which a hearing is requested
within 30 days of receipt of the recommendations from the agency
conducting the hearing. F.
C. (1) Hearings held pursuant to this section shall be conducted by a
I
designated agency of the appropriate torn board within 30 days after
receipt of. written demand for such hearing made by the person submitting ff
the plan.when such plan is for land-disturbing activities. occurring I
within the corporate. limits. of the towns of Chapel Hill., Carrboro,
Hillsborough, and Mebane. � E
(2) . The said designated agency'shall make recommendations to the appro-
t priate town board within 30 days after the date of the hearing on such
erosion control plan.
(3) The said appropriate town board will render its final decision •
on any erosion control plan upon which a hearing is requested within
30 days of receipt of the recommendations from the said designated
agency conducting the hearings. I j�
d. In the event that the local governing body upholds the disapproval or 1,
modification of a proposed erosion control plan following the public
hearing, the person submitting the erosion control. plan shall be entitled
to appeal the local government's action to the North Carolina Department
! of Natural Resources and Community Development. The person submitting
` s the erosion control plan shall have 15-days following the disapproval
{ or modification of the plan by the local governing body to appeal the
i decision to the Department of Natural Resources and Community Development
Pursuant to Title 15 of the North Carolina Administrative Code,
Subchapter 4B, Section .0018(b) and (c). i
Amended Effective (April 8, 1980) ! I
streams- Carrbaro also has standards Por 5nterMittent streams t`
iihereas the County does not. 636
- tr ;..r.r.�r.r.:..
-A-i9 II
I
Section 200 III
Compliance With Plan Requirements
Any person engaged in land-disturbing activities who fails to file a plan
In accordance with this ordinance, or who conducts a land-disturbing activity
except in accordance with provisions of a plan shall be deemed in violation
� of this ordinance.
Section 21 Inspections and Investigations
a The Erosion Control Officer will periodically inspect the sites of
land-disturbing activities for which permits have been issued to determine I
whether the activities are being conducted in accordance with the plan
and to determine whether the measures required in the plan are effective
in controlling erosion and sediment resulting from land-disturbing activities.
I .
b. If, through inspection, it is determined that a person engaged in iand
i disturbing activities has failed to comply with the approved plan or
that the measures required in the plan are not controlling erosion and i
1 sediment, a notice shall be served upon that person by registered or
1 certified mail. The notice shall set forth the measures necessary i
to achieve compliance with the plan and to achieve effective erosion 1 I
and sediment control and shall state the time within which such measures
i must be completed. If the person engaged in the land-disturbing '
activities fails to comply within the time specified, he shall be
deemed in violation of this ordinance. J
I
In the event.service cannot be accomplished by registered or certified mail,
it may be accomplished in any manner provided in rule 4(j) of the North Carolina
Rules of Civil Procedure.
I'
C. The Erosion Control Officer shall have the power to conduct such investigations
i as he may reasonably deem necessary to carry out his duties as prescribed
in this ordinance, and for this purpose to enter at .reasonable times upon r
any property, public or private, for the purpose of investigating and. I'
inspecting the sites of land-disturbing activities. No person shall
refuse entry or access to any authorized representative or agent of the
county who requests entry for purposes of•inspection, and who presents
appropriate credentials, nor shall any person-obstruct, hamper or interfere
with any such representative while in the process of carrying out his j
r
official duties. �.
d. The Erosion Control Officer shall also have the power to require written
statements, or the filing of reports under oath, with respect to pertinent
questions relating to land-disturbing activities.
e. The Erosion Control Officer shall have the power to revoke grading permits
issued by the Erosion Control Division as provided for under Section 17c
of this ordinance.
f. Whenever an g
y person is violating this ordinance or any rule or order
adopted or issued pursuant to this ordinance, or any term; condition,
or provisions of an approved erosion control plan, the Erosion Control
3 Officer may, either before or after the institution of any other action I:
1 ; or proceeding authorized by this ordinance, issue a stop work order for
the site on which the violation has occurred. Upon issuance of such j
an order, the posting of same on the site of the violation, all work
� -._ - lr�i'' ...-�by�S4' .��� � •���j '�4 L't.s;�+�•'..r.4j�`Y�j. •A�•k ,,i_
,�. •'sate.,, i�:.� �� 's rt��"c'rrott.•.¢:..
"� "=ra,."��' 'i:k• '^ems`•�:: . .
.... ... fA 1 Ppfv
stream,. Carrboro also has standards for intermittent streams ►• C
iFhereas the. County do-as not. 6��v
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on the site of the violation shall cease, except those activities ! "
necessary to bring the site into compliance with this ordinance. '
Notice of the stop work order shall be in writing, directed to the person
responsible for the land-disturbing activity and shall state the reasons i E Fi
for the issuance of the order, and the conditions under which work may be
resumed. Notice shall be given by registered or certified mail .
1
E In the event service cannot be accomplished by registered or certified mail, ,
it may be accomplished in any manner provided in rule 4(j) of the North Carolina
Rules of Civil Procedure-
The owner or contractor may appeal a stop work order to the County Commissioners ccI
within a period of five days after the order is issued. Notice of appeal shall Jr
= be given in writing to the Commissioners, with a copy to the Erosion Control i
Officer. The County Commissioners shall conduct a hearing at their next 1
scheduled meeting at which the appellant and the Erosion Control Officer or
inspector shall be permitted to submit relevant evidence, and shall rule on ,
the appeal as expeditiously as possible. Pending the ruling by the Commissioners
on an appeal, no further work shall take place in violation of a stop work order.
Amended effective (December 5, 1978) '
E Section 22 Penalties •`
a. Civil Penalties
i (1) Any person who violates any of the provisions of this ordinance ?
or rules or orders adopted or issued this-ordinance,
pursuant to or who
initiates or continues a land-disturbing activity for which an erosion
control plan is required except in accordance with the terms, conditions,
E and provisions of an a _"
i of not more than $100.ppNovPenalty�shall lbeeassessed untilcthelperson '
penalty � •;
'
alleged to be in violation has been notified of the violation: Each day �f �
Of a continuing violation shall constitute a separate violation under
Section 22(a)(1). I
(2) The governing body of the town or county shall determine the amount
of the civil
penalty to be assessed under Section 22(a) and shall make
written demand for payment upon the person responsible for the violation,
and shall set forth in detail a description of the aiolation for which r
the penalty has been invoked. If payment
I
settlement reached within 30 days afdemand ofor epaymentoisemade,
I the matter shall be referred to the town or county attorney for
institution of a civil action in the name of the town or county in I
the appropriate division of the General Courts of Justice for recovery
of the penalty. Any sums recovered shall be used to tarry out the purposes
and requirements of this ordinance.
b. Criminal Penalties
Any person who knowingly or willingly violates an
ordinance or rule or other adopted or issued purs an ttosion of this
ordinance,
or who knowingly or willfully initiates or continues a land-disturbing
activity for which an erosion control plan is required except in accordance
With the terms, conditions, and provisions of an approved plan shall be
guilty of.a misdemeanor punishable by imprisonment not to exceed 90 days
or by a fine not to exceed
_x,000, or by both, at the discretion of the court.
Amended Effecti-_ .;;ecember 6, 1978)
cumku v c rf oye ter, c • i FEMME
streams. Carrboro also has standards for irItermittent streams
irhereas the County does not.
64C
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A-21
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«l Section 23 "Injunctive Relief
a. Whenever the governing body of the town or county has reasonable cause
to believe that any person is violating or threaten to violate this t:
ordinance or any rule or order adopted or issued pursuant.to this
ordinance, or any term, condition, or provision of an approved erosion
control plan, it may, ether before or after the institution of any other
action or proceeding authorized by this ordinance, institute a civil action
in the name of the town or county for injunctive reiief. to restrain theI�
violation or threatened violation. The action shall be brought in the
Superior Court of Orange County.
i b. Upon determination by a court that an alleged violation is occurring
or is threateneded, it shall enter such orders or judgments as are � f
necessary to abate the violation or to prevent the threatened violation.
The institution of an action for injunctive relief under this section �G
shall not relieve any party- to such proceedings from any civil or
criminal penalty prescribed for violations of this ordinance.
i.
Section 24 SeverabilitZ �
IF
j If any one or more sections or portions thereof of this ordinance are held
i to be invalid or unenforceable, all other sections and portions thereof
shall nevertheless continue in full force and effect. I
Section 25 Effective pate
This ordinance will become effective upon passage by the Orange County Board
f of Commissioners and the approval of the North Caro
I Commission. lino Sedimentation Control
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